C. SURESH Vs. THE STATE

JUDGEMENT

(1.) The sole accused Suresh has come forward with this appeal challenging the conviction and sentence imposed by the I Additional District and Sessions Judge, Coimbatore, by the Judgment dated 19.09.2011 in S.C. No. 128/2010 convicting him for the offence punishable under section 304 [Part I] IPC and sentenced him to life imprisonment and to pay a fine of Rs. 10,000/- and in default to undergo 6 months rigorous imprisonment and also convicted for the offence u/s. 324 IPC, whereby sentenced him to undergo 1 year and to pay a fine of Rs. 5,000/- and in default to undergo 3 months simple imprisonment and the sentences were ordered to run concurrently. The prosecution case in a nutshell is as follows:-

(2.) The prosecution in order to bring home, the charges against the accused, examined P.Ws.1 to 12, filed Exs.P.1 to 14 besides marking MOs.1 to 4.

(3.) When the accused was questioned under section 313 Cr.P.C., in respect of the incriminating circumstances appearing against him based on the evidence adduced by the prosecution, the accused denied each and every circumstances as contrary to the facts and stated that he has been falsely implicated in the case. He has not chosen to examine any witness or mark any document on his side. Further, the accused took the defence stating that the deceased Sampath sustained burn injuries due to the stove burst and at that time, he was in the backyard of the house attending nature's call.