SAMINATHAN ALIAS AYYASAMY Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Coimbatore made in S.C.No.396 of 2006 whereby the accused/appellant stood charged, tried and found guilty of murder and awarded life imprisonment along with a fine of Rs.1000/-, in default, to undergo three months rigorous imprisonment.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) IT is not in controversy that one Lakshmi wife of the accused following the incident that took place in her residence on 13.3.2005, was taken to the Hospital, where she was declared dead. P.W.1 gave a complaint to the police and after registration of the case by P.W.10 Sub Inspector of Police, investigation was taken up by P.W.12, Inspector of Police and following the inquest made, the dead body was subjected to post mortem. P.W.3, doctor attached to the Coimbatore Medical College and Hospital has given his categoric opinion that the deceased died out of asphyxia due to strangulation. An attempt made before the trial court and equally here also was that the deceased died of hanging and it was not the case of death due to homicidal violence. This contention cannot be accepted for the simple reason that at the time of cross examination, the same suggestion and question were put to the medical person who has categorically given opinion that death has caused out of asphyxia due to strangulation and it was not the case of commission of suicide or hanging. Further, after application of medical test, the doctor has given his opinion. The Court is unable to see any reason to make any deviation to the opinion given by the competent medical person. Therefore, the plea that the deceased Lakshmi committed suicide has to be rejected. Accordingly, it was rejected.