K SELVAM Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to a judgment of the I Additional Sessions Judge, Madurai made in S.C. No. 184 of 2009 on 20.01.2010, whereby the sole accused/appellant stood charged and tried under Sections 302 IPC and 326 IPC and on trial found guilty under Section 302 IPC and awarded life imprisonment along with a fine of Rs. 10,000/- and default sentence.

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

(3.) Advancing arguments on behalf of the accused/appellant, the learned Counsel would submit that, in the instant case, the prosecution has miserably failed to prove the case. The counsel further added that according to the prosecution, the occurrence took place at 4.00 p.m. on 25.11.2008; P.W.1 would claim that she was also attacked and injured by the accused; according to P.W.1, her husband was taken to the Government Hospital, Singampunari where he was examined by P.W.9-Doctor at 4.55 p.m. and Ex.P9 has been marked as Accident Register copy and it would indicate that the deceased-Chellaiah was attacked by a known person and that when P.W.1 and the deceased were advised by the Doctor in the Government Hospital, Singampunari to go to the Government Rajaji Hospital, Madurai for further treatment, he was not taken, but on the contrary, he was taken back to his house and he was not given any treatment at all and on the next day, only when his condition became very serious, he was taken to the Government Hospital, Melur where he was declared dead. Therefore, according to the counsel for the accused /appellant, there was a huge delay in giving further treatment to the deceased which had resulted in his death. The counsel further added that even though the occurrence took place at 4.00 p.m. on 25.11.2008, the case was registered only on the next day at 11.30 hours and thus, there was a delay in the registration of the complaint.