SHAKUL HAMEED Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 66/2012, on the file of the learned Fast Track Mahila Court, Kanyakumari at Nagercoil. He stood charged for the offences, under Ss. 498(A), 323, 406, 302 and 201 IPC. The trial Court, found the appellant guilty, for the offences under Ss. 302 and 406 IPC, convicted and sentenced him to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for six months, for the offence under Sec. 302 IPC and sentenced him to undergo rigorous imprisonment for one year, for the offences under Sec. 406 IPC. Trial Court acquitted the accused in respect of the charges under Ss. 498(A), 323 and 201 IPC. Challenging the abovesaid conviction and sentence, the appellant is before this Court, with this appeal.

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

(3.) Subsequently, on 13.11.2011, at about 07.30 a.m., the deceased succumb to injuries, hence, P.W. 22 altered the FIR, for the offences, under Sec. 302 IPC and submitted the altered FIR to the concerned Judicial Magistrate Court. On 14.11.2011, at about 08.00 a.m., he conducted inquest over the dead body in Ananthapuri Hospital, in the presence of witnesses, then, he recorded the statement of witnesses. P.W. 17, Doctor, working in the Government Medical College Hospital, Trivandrum, conducted postmortem autopsy of the deceased and issued the postmortem certificate (Ex. P5) and found the following injuries:-