R. MARUTHU @ MARUTHUPANDIAN Vs. STATE

JUDGEMENT

(1.) Mr. R. Maruthu @ Maruthupandian, who is the sole accused in S.C. No. 13 of 2011, on the file of the learned Additional District and Sessions Judge, (Mahila Court), Pudukottai, stood charged for offences under Sections 294(b), 323, 302 (five counts) and 506(ii) of the Indian Penal Code. The Trial Court, by Judgment dated 23.1.2012, has convicted the accused under Sections 323 and 302 (five counts) of the Indian Penal Code and acquitted the accused under Sections 294(b) and 506(ii) of the Indian Penal Code. For the offence under Section 323 of the Indian Penal Code, the Trial Court has sentenced him to undergo simple imprisonment for one year and for the offence under Section 302 (five counts) of the Indian Penal Code, the Trial Court has imposed death penalty. After having imposed the said punishment, the Trial Court has submitted the proceedings to this Court for confirmation, as provided in Section 366 of the Code of Criminal Procedure. The said reference is now before this Bench in R.T. (MD). No. 1 of 2012. In the meanwhile, the accused has filed Crl. A. (MD). No. 136 of 2012 challenging the conviction and sentence imposed on him. The said Criminal Appeal has also been tagged with R.T. (MD). No. 1 of 2012, and thus, they are before this Bench for disposal.

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

(3.) After the arrest of the accused, it was found prima facie that he was suffering from mental illness. Therefore, he was referred to the hospital for psychiatric opinion. After several months of the said treatment, the doctors opined that the accused could stand the trial, and thereafter, based on the above materials, the Trial Court framed charges against the accused on 15.3.2011. The accused pleaded innocence, and therefore, he was put on trial.