MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is filed by the accused against the final judgment and order dated 25.04.2007 passed by the High Court of Judicature at Madras in Criminal Appeal No. 804 of 2006 whereby the High Court dismissed the appeal filed by the appellant(Accused) and confirmed the order dated 02.08.2006 passed by the Additional Sessions Judge, Namakkal (Fast Track Court) in Sessions Case No.5 of 2006 convicting the appellant under Sections 364 and 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced him to undergo rigorous imprisonment for 7 years under Section 364 IPC and to pay a fine of Rs. 1000/-, in default of payment of fine, to undergo further simple imprisonment for one month and imprisonment for life under Section 302/34 IPC and to pay a fine of Rs. 5000/- in default of payment of fine, to undergo further simple imprisonment for two months. The sentences would run concurrently.

(2.) In order to appreciate the issues arising in the case, it is necessary to set out the prosecution case in detail:

(3.) One person by name "Kumar" (since dead) was the uncle of a girl "Geetha". At the relevant time, Geetha was in sixth standard. Kumar was married but living separately from his wife. Kumar and Geetha were living in the one locality at a short distance. Kumar had developed liking for Geetha and wanted to marry her.