LAWS(MAD)-2004-11-109

GOVINDAN ALIAS GOVINDASAMY Vs. STATE

Decided On November 08, 2004
GOVINDAN ALIAS GOVINDASAMY Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE accused, who suffered conviction under Sections 364, 302 and 382 I. P. C. and sentenced to undergo life imprisonment, life imprisonment with a fine of Rs. 1000/-, and 10 years R. I. with a fine of Rs. 1000/-, with usual default clause, under respective Sections, in the hands of the trial Court, is the appellant.

(2.) THE respondent police by laying a final report, before the trial Court, against the accused, compelled him to face the above said offences on the grounds, that he had abducted one Shanthi, 15 days prior to 19. 11. 1998, that by abducting Shanthi, in order to commit theft, he committed murder of Shanthi by strangulating her, that thereafter, he retained the property taken by the theft and therefore, he should be dealt with under Sections 364, 302 and 382 I. P. C.

(3.) UPON questioning by the trial Court, after framing charges, the accused/appellant refused to plead guilty, totally denying all the allegations leveled against him, thereby making it compulsory for the prosecution, to prove the charges, beyond all reasonable doubt.