LAWS(SC)-2019-1-280

AJESH Vs. STATE OF TAMIL NADU

Decided On January 08, 2019
Ajesh Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal arises from the judgment and order dated 1st Feb., 2008 passed by the High Court of Judicature at Madras in Criminal Appeal No. 370 of 2005; whereby the finding of guilt has been affirmed but the nature of offence has been altered to Sec. 304 Part I of the Indian Penal Code, 1860 (in short "the IPC") from Sec. 302 of the Penal Code and the appellant has been sentenced to suffer rigorous imprisonment for seven years.

(3.) After hearing learned counsel for the parties, as regards finding of fact recorded by the two courts below, we find no reason to deviate from the conclusion so reached by the High Court regarding the finding of guilt against the appellant, considering the fact that there was no one else in the house except the appellant when the deceased Aathira, aged three years, suffered around eight injuries to which she succumbed. The evidence of PW2, who is an independent witness staying in the neighborhood and also the evidence of PW3 has been thoroughly analysed by the two courts below to record the finding of guilt against the appellant. As aforesaid, we are not inclined to disturb the said finding of fact.