JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the conviction and sentence imposed on the appellant vide judgment dated 05.08.2010 in S.C. No.304 of 2009 on the file of the Additional District and Sessions Court-cum-Fast Track Court, Tirupattur, Vellore District.)

1. This Criminal Appeal has been preferred seeking to set aside the conviction and sentence imposed on the accused vide judgment dated 05.08.2010 in S.C. No.304 of 2009 on the file of the Additional District and Sessions Court-cum-Fast Track Court, Tirupattur, Vellore District.

2. For the sake of convenience, the deceased, viz., Saritha and the accused, viz., Vinayagam, will be referred to by their name.

3. The case of the prosecution is as under:

3.1 The incident in this case occurred on 14.02.2009. Two years prior to the date of occurrence, Saritha got married to Vinayagam and theirs was a love marriage. They were living in Ilayanagaram. Vinayagam was working as Painter in Madurai and would go for work daily. Suspecting his wife's fidelity, he would pick quarrels with her frequently and assault her.

3.2 On the fateful day, viz., 14.02.2009, at 8.30 p.m., it is alleged that he douse