STATE Vs. ARUMUGA KONAR

JUDGEMENT

(1.) The State is the appellant in this case. The respondent is the accused in S.C.No.374 of 2002 on the file of the learned II Additional Sessions Judge, Tirunelveli. The respondent stood charged for offence under Section 302 IPC. By Judgment dated 06.02.2003, the trial Court in stead of Section 302 IPC, convicted him under Section 326 I.P.C and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/-, in de fault to undergo rigorous imprisonment for one year. The respondent has not preferred any appeal challenging the conviction and sentence. But the State has come up with this appeal seeking enhancement of the punishment. That is how, this appeal is before this Court.

(2.) The case of the prosecution is briefly as follows:-

(3.) In order to prove the charge, the prosecution has examined as many as 15 witnesses and exhibited 25 documents besides 5 material objects. Out of the said witnesses, Pws.1 & 2 were examined as eye witnesses. But, P.W.1, the wife of the deceased has turned hostile and she has not supported the case of the prosecution in any manner. P.W.2 alone has deposed about the occurrence. P.W.6 has spoken about the treatment given to the deceased and P.W.7 has spoken to about the cause of the death.