MOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is filed by Moorthy son of Kuppan against the judgment of the High Court of judicature at Madras in Criminal Appeal No. 377 of 1991 by which the appellant was convicted under section 304 Part I IPC and sentenced to seven years of imprisonment.

(2.) Brief facts of the case which are necessary to dispose of this appeal are as under:-

(3.) Thereafter, his body was taken to the mortuary. PW2, the Sub-Inspector of Police in the Police Outpost Government Headquarters Hospital at Salem at about 5 p.m. on 18.5.1988 received a telephonic message about the incident and immediately rushed to the scene of occurrence. PW12 recorded statement from PW1 with regard to what had happened and exhibited as P1. Thereafter PW13, the Inspector of Police was informed. PW13, after receipt of the information proceeded to the scene of occurrence at 6 p.m. and reached the Female Surgical Ward. He examined PW1. He found the dead body in the mortuary. PW13 found blood- stains on the ground and also on the tar portion of the road. PW10 is the Assistant Civil Surgeon attached to the Government hospital, Salem. He conducted post-mortem and found the following injuries.