MADESH Vs. STATE

JUDGEMENT

(1.) Judgment of the Court was delivered by R.HEMALATHA, J. The appellant Madesh, aged 30 years, was convicted for an offence under Sec. 302 IPC, by the learned Sessions Judge, Mahila Court, Krishnagiri, vide judgment and order dtd. 22/9/2016 in S.C. No.126/2014 and was sentenced to undergo life imprisonment and to pay a fine of Rs.5,000.00 in default, to undergo simple imprisonment for six months. Challenging the same, the present appeal is filed.

(2.) The case of the prosecution is that the deceased Banu and the appellant Madesh were partners in a live in relationship. While the appellant belongs to Kutlampatti Jarugu Village, Chittor District, Andhrapradesh, the deceased belonged to Karunkattu Village, Pandaseemanur, Krishnagiri District. Both of them had returned from Jarugu Village to the victim's Karunkattu Village, Pandaseemanur, and were working as labourers in a brick kiln at Maramanapalli Village, belonging to one Ramachandran (P.W.6).

(3.) On 26/11/2013, the appellant Madesh had received his weekly wages of Rs.400.00 and had gone to bazaar to purchase provisions for his family. According to prosecution he returned at 8 P.M. and took Banu to Muthumooper land near the Brick Kiln and both of them entered into an altercation which ended up in appellant physically attacking the victim with a stone. Hearing her cries at about 9 P.M., Ramesh (P.W.2), Devaraj (P.W3) and Subramani (P.W.13) rushed to the place where they found Madesh with a stone and Banu lying dead with no clothes on her top. The appellant had reportedly escaped from the scene and information was passed on to the deceased Banu's parents Ramalingam (P.W.1) and Chandira (P.W.8). The parents of the deceased Banu went to the place of occurrence at about 9.45 P.M. and found their daughter dead with visible injuries on her body.