LAWS(MAD)-2023-1-466

MARIMUTHU Vs. STATE REP. BY INSPECTOR OF POLICE

Decided On January 24, 2023
MARIMUTHU Appellant
V/S
STATE REP. BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The Appeal filed by the sole Accused, who was found guilty for an offence under Sec. 302 of IPC.

(2.) The case of the Prosecution is that on 28/4/2014 at about 10.30 hours, the deceased, who was mentally ill, had been peeping into the house of the Accused and watching the Wife of the Accused taking bath which has provoked the Accused and attacked the deceased with Iron Rod (MO1) and caused his death. The occurrence was witnessed by PW2 (Minor. Velmurugan) aged about 12 years, who informed the mother of the deceased (PW1). PW1, thereafter, went to the Police Station and gave a Complaint and the same was marked as Ex.P1. Pursuant to the Complaint, FIR was registered for the offence under Sec. 302, IPC in Cr. No.120 of 2014.

(3.) Accordingly, to prove the Charges, the Prosecution has examined 19 Witnesses, marked 20 Exhibits and 8 Material Objects. Incriminating evidence against the Accused was put to him under Sec. 313, Cr.P.C., and opportunity was given to him to marshal evidence on his behalf. DW1- Tmt. Kalpana was examined on the side of the Accused and Ex.D1 was marked.