MANICKAM Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Dharmapuri, made in S. C. No. 111/2009 whereby the sole accused/appellant stood charged under Sec. 302 of IPC, tried, found guilty of murder and awarded the punishment of life imprisonment along with a fine of Rs. 2000/- and default sentence.

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

(3.) THE learned Counsel would further add that in the instant case, the medical opinion canvassed was actually against the prosecution case; that there are number of injuries on the dead body which were noticed by the Doctor, P. W. 6, who conducted autopsy; that according to him, when there was a first cut made on her, it would have put an end to her life and thereafter, there could not have been any resistance from the side of the deceased; that under the circumstances, those injuries could not have happened thereafter; and that it would make it clear that P. Ws. 2, 3 and 4 who have deposed that the first cut was fatal, could not have seen the occurrence at all.