[Criminal Appeal No. 892 of 2009]. This appeal is directed against judgment and order dated 8.1.2008 passed by the High Court of Judicature at Madras in Criminal Appeal No. 337 of 2007 whereby said Court has dismissed the appeal of accused-appellant Selvaraj @ Chinnapaiyan, who was convicted by the trial court under Section 302 of Indian Penal Code, 1860 (IPC), and sentenced to undergo imprisonment for life and directed to pay fine of Rs.1,000/-, in default of payment of which he was directed to undergo rigorous imprisonment for a further period of three months. Heard learned counsel for the parties and perused the papers on record. Prosecution story, in brief, is that accused-appellant Selvaraj @ Chinnapaiyan is husband of PW-2 Selvi. He belongs to Vellala Gounder Community, and PW-2 Selvi belongs to Vanniayar Community. The two developed intimacy. This was not liked by Sundarammal (mother of Selvaraj). As such the accused-appellant Selvaraj and PW-2 Selvi left the village, and started living as husband and wife in Bangalore. From their relationship PW-2 Selvi conceived a baby. Sundarammal, when came to know of it, wanted to get the baby aborted but Selvi declined to do so. On this Sundarammal approached PW-4 Chandra, a nurse, and sought her help to get the baby aborted. Selvaraj also joined his mother in asking Selvi to get the pregnancy terminated.
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