KALIRATHINAM Vs. STATE

JUDGEMENT

(1.) The appellant is the second accused in S.C. No.27 of 2015 on the file of the District and Sessions Judge, Mahila Court, Cuddalore. The first accused is one Amsavalli. The accused 1 and 2 stood charged for an offence under Sec. 302 IPC. By judgment dtd. 7/11/2016, the trial court convicted both the accused for the offence under Sec. 302 IPC and sentenced them to undergo Life Imprisonment and to pay a fine of Rs.1,000.00 each in default, to undergo Rigorous Imprisonment for six months.

(2.) Facts of the case as presented by the prosecution flows as follows:

(3.) Mr. P. Palanikumar, the learned counsel for the appellant contended that the only eye witness who was relied upon by the prosecution was a child barely 5 years old and could easily be tutored by the close relatives even though A1 was his own mother. According to him, the finger prints on the grinding stone were not lifted/examined, which was fatal to the case of the prosecution. Similarly, there was no satisfactory evidence to establish the theory of illicit relationship between A1 and A2 and therefore, the motive for the murder was non existent.