RAVANAN Vs. STATE INSPECTOR OF POLICE KUMBAKONAM

JUDGEMENT

(1.) AGAINST his conviction and sentence to undergo imprisonment for life under Sec. 302, I. P. C. , and R. I. for seven years and a fine of Rs. 500 in default to undergo R. I. for six months under Sec. 392, i. P. C. , the appellant Ravanan has preferred this appeal.

(2.) THE appellant and three others were accused 1 to 4 in s. C. No. 34 of 1985 on the file of the Learned Sessions Judge of West Thanjavu r. THE case of the prosecution is that on the night of 30. 1. 1982 all the four and one absconding accused Mohanasundaram trespassed into the house of one Pattu Ammal and the Appellant Revanan and mohanasundaram in furtherance of the common intention of all tied the hands and legs of the said Pattu Ammal who was sleeping, inserted a cloth into her mouth and caused her death by strangulation. THEy also committed robbery of the jewels of the said Pattu Ammal. On these allegations charges were framed against them as under: 1st charge A. 2 and A. 3 Under Sec. 449, I. P. C. 2nd charge A. 1 Under Sec. 302, I. P. C. 3rd charge A. 2 and A. 4 Under Sec. 302, read with Sec. 34, i. P. C. 4th charge A. 1 Under Sec. 392, I. P. C. 5th charge A. 2 to A. 4 Under Sec. 392 read with Sec. 34, i. P. C.

(3.) AT 5. 00 p. m. , P. W. 14 Finger Print Expert inspected the site and found that there was finger print on the wooden drawer of the bureau. The Inspector seized the same under Ex. P-4 Mahazar. P. W. 14 Finger Print Expert got the finger prints on the drawer photographed by Police Photographer P. W. 8. M. O. 13 is the negative. When the expert compared this finger print with that of the deceased, they did not tally.