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2022 Supreme(Mad) 1092

M. S. RAMESH, N. ANAND VENKATESH
Karuppaiah – Appellant
Versus
State Rep. by Inspector of Police, Tiruvengadam Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : I. Murugesan.
For the Respondent: A. Thiruvadikumar.

JUDGMENT :

1. This criminal appeal has been filed against the judgment and order passed by the IV Additional Sessions Judge, Tirunelveli, in SC No. 244/2018 dated 03.11.2018, convicting the appellant for offence under Section 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs. 1,000/- in default, to undergo one year rigorous imprisonment.

2. The case of the prosecution is that the deceased is the wife of the appellant and both of them were suffering from some health ailments. Prior to 15.08.2017, the deceased was facing serious health ailments and the appellant was not able to properly take care of the deceased since he also had health issues and he did not have any regular earnings. Hence, the appellant seems to have brooded over the fact as to who will take care of his wife after his demise. On 15.08.2017, the appellant was taken to the hospital at about 10.00 a.m. by PW-1, who is the son of the appellant and he was brought back home. At about 1.00 p.m. the appellant is said to have pushed down the deceased and held her on the floor with his right knee and hacked the deceased with a billhook [M.O.1], as a result of which, the head was almost severed and

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