THANGARAJ Vs. STATE

JUDGEMENT

(1.) The present Appeal is against the Judgment of Conviction and Sentence passed in S.C. No.81 of 2017, dtd. 14/10/2019, on the file of the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur, whereby, the sole Accused/Appellant was convicted for the offences under Ss. 449, 302 & 324 of the Indian Penal Code and sentenced to undergo 10 years of Rigorous Imprisonment for the offence under Sec. 449, I.P.C. and Fine of Rs.5,000,.00 in default of which, to undergo 1 year Simple Imprisonment; Life Sentence for the offence under Sec. 302, I.P.C. and Fine of Rs.5,000,.00 in default of the payment of Fine, to undergo 1 year Simple Imprisonment; and 1 year Rigorous Imprisonment for the offence under Sec. 324, I.P.C. All the sentences were ordered to run concurrently and the period of imprisonment already undergone, was ordered to be set-off under Sec. 428, Cr.P.C.

(2.) The facts that are germane for deciding the present Appeal can be summarised as follows:

(3.) Before the Trial Court, the Sister-in-law of the deceased, Kamalam, who was an Injured Eyewitness was examined as PW1 and the Police Complaint she had given was marked as Ex.P1. The deceased mother, Minnalkodi was examined as PW2. Immediately, after the incident, the neighbours viz., Saravanan and Arumugam, who had rushed to the scene of Crime and witnessed the deceased lying on the Floor, were examined as PW3 & PW4 respectively. One Kalyanasundaram, who had seen the Accused running from the scene of occurrence, was examined as PW6. The daughter of the deceased Muviyarasi, who had identified the Two-wheeler of her father, was examined as PW9. The Doctor, Udhayabanu, who had conducted the Post-mortem, was examined as PW10 and the Post-Mortem Report and his opinion were marked as Ex.P7 and Ex.P8 respectively. Thiru Jegatheesan, Sub-Inspector, who had registered the FIR was examined as PW12 and the FIR was marked as Ex.P9. The Doctor-Rengasamy Ravindran, who had treated PW1 was examined as PW15 and the Accident Report and Wound Certificate were marked as Ex.P10 & Ex.P11 respectively. The Investigation Officer was examined as PW17.