LAWS(MAD)-2013-1-528

MURUGANANTHAM Vs. STATE

Decided On January 28, 2013
MURUGANANTHAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant is the first accused in S.C. No. 89 of 2005 on the file of the learned Additional Sessions Judge, Fast track Court, Dindigul. Altogether there were two accused. There were as many as 3 charges framed against the accused. The first charge is under Section 120(b) IPC against both the accused. The second charge is under Section 302 read with 109 IPC against the second accused. The third charge is under Section 302 IPC against the first accused. By Judgment, dated 10.5.2006, the Trial Court acquitted the second accused, however, convicted the first accused under Section 302 IPC alone and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/- in default, to undergo rigorous imprisonment for a period of one year. Challenging the same, the appellant/A1 is before this Court with this appeal. The case of the prosecution in brief is as follows:-

(2.) P.W. 1 is the Village Administrative Officer of Kamanoor village. On 7.6.2003, according to him, at about 6.30 p.m. he received message from an unknown source that the deceased Sandhya was found dead with stab injuries at her house. Immediately, P.W. 1 went to the house of the deceased along with his Assistant and found the deceased lying dead with number of injuries all over her body.

(3.) P.W. 2, the husband of the deceased, was not in his house at the crucial time. At about 6.00 p.m. on 7.6.2003, after completing his job elsewhere, P.W. 2 returned to his house. When he returned to his house, he found the light in the bedroom still burning. In the said bedroom, the deceased was found with number of injuries lying in a pool of blood. She was dead. P.W. 1 came to the spot at that time. Thereafter, P.W. 1 went to the police station to prefer a complaint.