LAWS(MAD)-2001-7-91

ARUMUGAM Vs. STATE

Decided On July 04, 2001
ARUMUGAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE appellant in this appeal is the accused in S.C.No.142 of 1993 on the file of Court of Sessions, Coimbatore. He was tried for offences under Sec.302, I.P.C. (2 counts) and 201, I.P.C. (2 counts). He was found guilty in respect of both the offences and sentenced to undergo life imprisonment on each count for the offence of murder and two years rigorous imprisonment on each count under Sec.201, I.P.C. THE sentences were directed to run concurrently. THE convicted accused has challenged the said judgment before this Court in this appeal.

(2.) HEARD Mr.N. Doraisamy, learned counsel appearing for the appellant and Mr.S.Jayakutnar, learned Additional Public Prosecutor for the respondent/ State.

(3.) P.W.14 is the Doctor on duty, who on receipt of requisitions, did post mortem on the first dead body, during which time he found various symptoms as noted in Ex.P-23, the post mortem certificate. The Doctor is of the opinion that the dead body belongs to a female aged about 25 to 40 years and the death could have been caused as a result of head injuries sustained. Burns, lesions found on the body are post mortem in nature. For convenience sake, at this stage, we will refer this post mortem report as one relates to Vanaja (hereinafter called as D-1) assuming that the prosecution had established the identity of the dead body. Then, he did post mortem on the second dead body, during which time, he found various symptoms as noted in Ex.P-24, the post mortem certificate. The Doctor is of the opinion that the body which he examined belonged to a female aged about 12 to 14 and the death could have occurred due to the head injuries. The burns found on the dead body are post mortem in nature. For convenience sake, we will also refer this post mortem report as one relates to Uma Maheswari (hereinafter called as D-2). Since Exs.P-23 and P-24 are in English, we do not propose to restate the symptoms noted therein once again in this judgment in order to save time. P.W.16 was present throughout the post mortem. After post mortem he recovered M.Os.14 to 25 from the dead bodies and produced the same before the investigating officer along with his special report Ex.P-29.