SUBRAMANIAN ALIAS SUBBAN Vs. STATE REP

JUDGEMENT

(1.) The sole accused in a case of murder who stood charged and tried under Ss 302 and 324 of the Indian Penal Code, has brought forth this appeal, challenging the conviction under Ss 304(i) and 324 of I.P.C. and sentence of 10 years R.I. and fine of Rs.3,000/- in default, 6 months R.I. under Sec.304(i) of IPC and 1 year R.I. and fine of Rs.2,000/- in default, 3 months R.I. under Sec.324 of IPC.

(2.) The short facts necessary for the disposal of the appeal can be stated thus:

(3.) In order to prove the charges levelled against the appellant/accused, the prosecution examined 12 witnesses and marked 16 exhibits and 7 material objects. After the completion of the evidence of the prosecution, the accused was questioned under Sec.313 of Cr.P.C. in respect of the incriminating circumstances found in the evidence of the prosecution witnesses, which were denied by him as false. The wife of the appellant/accused was examined as D.W.1. She has stated that at the time of occurrence, she was not only pushed down, but the deceased attempted to outrage her modesty and under such circumstances, they went over to the Police Station and lodged a complaint, but it was not enquired into, and instead a false case has been foisted against the accused. On consideration of the rival submissions made and scrutiny of the materials available, the trial Court found the accused guilty under Ss 304(i) and 324 of I.P.C. and has awarded the punishment as referred to above. Hence this appeal by the aggrieved appellant/accused.