KARTHIK Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused, in S.C.No.85 of 2009, on the file of the learned Additional District and Sessions Judge, (FTC), Periyakulam. He stood charged for offences under Sections 341, 302 and 324 IPC. By judgment, dated 28.01.2011, the trial Court convicted him for the offences under Sections 341 and 302 IPC and acquitted him under the charge for the offence under Section 324 IPC. For the offence under Section 341 IPC, the trial Court imposed a punishment of fine of Rs.100/-, in default to undergo rigorous imprisonment for two weeks and for the offence under Section 302 IPC, the trial Court imposed a sentence of imprisonment for life, and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three months. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant is before this Court with this criminal appeal.

(2.) THE case of the prosecution case in brief would be as follows:-

(3.) TAKING up the case for investigation, PW19, proceeded to the place of occurrence, where, in the presence of PW6 and other witnesses prepared an Observation Mahazar in respect of the place of occurrence as well as a Rough Sketch. Ex.P9 is the Observation Mahazar and Ex.P10 is the Rough Sketch. Then, he recovered bloodstained earth and sample earth from the place of occurrence in the presence of the same witnesses under Ex.P11 Mahazar. MO7 is the bloodstained earth and MO8 is the sample earth. Then, he recovered a small amount of tar portion from the road with bloodstain under MO9. Similarly, a tar portion of the road without bloodstained was also recovered (MO10). Then, he examined Pws1 to 5 and few more witnesses. On completing the inquest, he prepared Ex.P12, inquest report. Then, forwarded the body for postmortem.