MURUGAN Vs. STATE

JUDGEMENT

(1.) Aggrieved over the life sentence imposed by the Principal District and Sessions Court, Tirunelveli, under Sec. 302 of the Indian Penal Code, by Judgment dtd. 20/11/2018 in S.C.No.174 of 2018, the present appeal came to be filed by the appellant.

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

(3.) Learned counsel appearing for the appellant would submit that the evidence of P.W.2 is totally unreliable. Having witnessed the occurrence, she has not made any attempt to save her mother and therefore, her evidence is highly improbable and further the evidence of P.W.6 and P.W.7, who are the sons of the accused, also cannot be given much importance and their evidence is also inconsistent with the medical evidence. It is the further contention of the learned counsel appearing for the appellant that the deceased has already suffered injuries in a road accident and died due to the old age. The accused was falsely implicated due to family dispute. He further submits that the prosecution has not proved the case beyond all reasonable doubt. It is his further contention that the offence under Sec. 302 IPC is not made out and at the most the accused's act will come under Sec. 304(ii) IPC.