ARUL PRASAD Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.94 of 2009 on the file of the learned Sessions Judge, Karur. He stood charged for an offence under Section 302 IPC. The trial Court by judgment dated 07.02.2011 convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one month. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

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

(3.) On receiving the said intimation, P.W.11, the then Judicial Magistrate No.II, Karur, proceeded to the Government hospital, Karur and recorded her dying declaration at 1.00 p.m. on the same day. One Doctor, V.Natesan, who was attending on the deceased, opined that the deceased was conscious and she was in a fit state of mind to make a voluntary statement. The Judicial Magistrate also ascertained with the deceased by asking certain questions and based on the answers cogently given by the deceased and also on the opinion given by the Doctor, satisfied that the deceased was in a fit state of mind to make the dying declaration. Accordingly, the Judicial Magistrate, recorded the dying declaration, Ex.P15.