KALEESWARAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.338 of 2010, on the file of the learned Principal Sessions Judge, Madurai. The Trial Court has convicted him under Sections 302 and 449 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for 3 months for offence under Section 302 of I.P.C and to undergo rigorous imprisonment for 1 year and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one month for offence under Section 449 of I.P.C. Challenging the said conviction and sentence imposed by the trial court by judgment dated 30.11.2010, the appellant has come up with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Taking up the case for investigation, P.W.13, proceeded to the place of occurrence at 2.45 p.m and prepared an observation mahazar in the presence of P.W.5 and another witness under Ex.P.4. Then he recovered the bloodstained earth and sample earth from the place of occurrence under the mahazar, Ex.P.5, in the presence of the same witnesses. Then, he conducted inquest on the body of the deceased between 3.15 p.m and 5.15 p.m and prepared Ex.P.16, the inquest report. During inquest, he examined P.Ws.1 to 4 and recorded their statements. Thereafter, he forwarded the body for post mortem.