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2021 Supreme(Mad) 1019

A.D.JAGADISH CHANDIRA
Rajendran – Appellant
Versus
State rep by The Inspector of Police, Ambalur Police Station, Vellore District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.G.Udhayashankar
For the Respondent:Mrs.V.Sharadhadevi Government Advocate (Crl.side).

JUDGMENT :

1. This appeal has been filed to set aside the judgment of conviction and sentence dated 14.12.2011 made in S.C.No.106 of 2011 on the file of the Additional District and Sessions Judge, F.T.C, Tirupattur, Vellore District finding the accused guilty for the offence under Section 306 IPC and convicting and sentencing him to undergo 5 years rigorous imprisonment and to pay a fine of Rs.1,000/- and in default to undergo 6 months simple imprisonment.

2. The brief facts of the prosecution case are as follows :-

The victim / deceased / Gomathi is the second wife of the appellant/A1 and A2 / Saraswathi (since acquitted) is the first wife of A1. PW1 / Chandra is a neighbour and relative of the victim / deceased/Gomathi. PW3, PW4 and PW5 are respectively the elder sister, father and mother of the victim / deceased/Gomathi. The appellant got married to the victim / deceased during the year 2002 and after the marriage, the matrimonial home was set up at the house of the appellant at Chinnamottur village. The appellant married the victim / deceased as second wife since his first wife did not bear any child out of the marriage. The victim / deceased after the marriage gave birth to a fem

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