PECHIMUTHU Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this Criminal Appeal is to the conviction and sentence dated 04.07.2013 passed in Sessions Case No.54 of 2013 by the Principal District and Sessions Court, Thanjavur.

(2.) THE conspectus of the case of the prosecution is that the accused viz., Pechimuthu is the husband of the deceased Kalaiselvi. The de facto complainant by name Premkumar is their son. Since the accused has spent a life of spendthrift, a frequent tussle has occurred in between him and deceased. On 21.10.2012, the deceased has questioned the conduct of the accused and having infuriated at her conduct, at about 09.45 a.m., in front of the house of one Karikalan, the accused has indiscriminately attacked on the person of the deceased by using a bill -hook and thereby caused injuries and after occurrence, the then injured (deceased) has been taken to Government Medical College Hospital, Thanjavur and subsequently the de facto complainant has given a written complaint and the same has been registered in Crime No.530 of 2012, Thanjavur East Police Station and the same has been marked as Ex.P.1. After admission, it is found that the said Kalaiselvi has passed away and subsequently P.W.17 has conducted necessary inquest. After completing the same, autopsy has been conducted by one doctor by name Rajakumar and Post Mortem Report has been marked as Ex.P.19. The Investigating Officer after completing the investigation, has laid a final report on the file of the Judicial Magistrate's Court No.I, Thanjavur and the same has been taken on file in P.R.C.No.1 of 2013.

(3.) THE Judicial Magistrate No.I, Thanjavur after considering the fact that the offence alleged to have been committed by the accused is triable only by a Sessions court, has committed the case to the Court of Sessions and taken on file in Sessions Case No.54 of 2013.