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2021 Supreme(Mad) 2687

A.D.JAGADISH CHANDIRA
Kumar – Appellant
Versus
State rep. by the Deputy Superintendent of Police, Gobichettipalayam Sub Division, Erode – Respondent


Advocates:
Advocate Appeared:
For the Appellant :T. Muruganantham, Advocate.
For the Respondent:S. Sugendran, Government Advocate (Crl. Side).

JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) Crl.P.C. against the judgment dated 22.2.2017 passed in S.C.No.149 of 2016 by the Magalir Neethimandram (Fast Track Mahila Court), Erode.)

1. The Criminal Appeal has been filed challenging the judgment of conviction and sentence dated 22.2.2017 rendered by the Court of Sessions, Mahalir Neethimandram (FTC), Erode.

2. The conviction and sentence imposed against the appellant are as under:

3. The case of the prosecution is as under:-

    (i) The deceased Mahadevi and the accused were working together and they fell in love with each other and got married on 18.11.2010 in Bhagavathi Amman Temple, Gobichettipalayam. After the marriage, they were living with the parents of the accused at Door No.19/7, Ganguwar Street, Modachur, Gobichettipalaym. Out of the wedlock, they have a child aged 4 years named Kaushik.

(ii) The accused had initially gone to work in a Company at Thiruppur and thereafter, he became addicted to alcohol and did not go for work. Therefore, there were frequent wordy quarrels between the husband and wife. Two months prior to the occurrence, the accused frequently consumed alcohol and did not go for work. When it was

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