G THANGADURAI Vs. STATE

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the conviction and sentence imposed on the appellant in S.C.No.231 of 2003, on the file of the learned Additional Sessions Judge, Fast Track Court, No.IV, Madurai, at Periyakulam. The appellant is the sole accused in the said case and he stood charged for an offence under Section 302 of the Indian Penal Code. By Judgment dated 03.02.2004, the Trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. [No fine amount was imposed].

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Based on the above materials, the Trial Court framed a lone charge under Section 302 of the Indian Penal Code. The accused pleaded innocence. In order to prove the case of the prosecution, on the side of the prosecution, as many as twenty witnesses were examined and twenty documents were exhibited, besides eighteen Material Objects. Out of the said witnesses, PW-1 to PW-3 have spoken to about the dead body of the deceased lying on the field of one Rabhia Beebi on 20.11.2001. PW-5 was the one, who took photographs, MO-1 and MO-2 and he has spoken to about the same. PW-5 was the one, who took the dead body for postmortem to the hospital. PW-6, the mother of the deceased, has spoken to the fact that the deceased and the accused were living together in a different village, and thereafter, the accused alone returned to the village. She has further spoken to about the identification of the dead body made by her from and out of the photographs and the dress materials of the deceased. PW-7 is a villager. He has spoken to regarding the living of the deceased and the accused together and also the fact that the accused alone returned to the village after four months. He has also stated that the panchayatars questioned the accused about the whereabouts of the deceased, for which he gave an undertaking, [EX-P3] in writing that he would get back the deceased within ten to fifteen days. PW-8, Dr.S.Manimohan is the one, who conducted autopsy on the body of the deceased. He has stated that the deceased would appear to have died of asphyxia due to manual strangulation. PW-9 and PW-10 have turned hostile and they have not supported the case of the prosecution in any manner. PW-11 is a resident of Kuppannapuram Village. PW-12 is the photographer, owning a Photo Studio at Srivilliputhur.