LAKSHMANAN Vs. STATE

JUDGEMENT

(1.) THE convictions and sentences dated 25.02.2014 passed in Sessions Case No. 2 of 2013 by the District and Sessions Court, Karur are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that the deceased Pandiyammal is the wife of one Subramanian. The accused with the intention to rob her jewels has contacted her over cellphone and accordingly the deceased has followed the accused and near Thelungappatti graveyard in a land bearing Survey No. 45/1A, the accused has had coition with the deceased and jugulated her by using her saree and due to his overt acts she has passed away and thereafter robbed her jewels worth of Rs.10,000/ -. After occurrence, the concerned Village Administrative Officer viz., P.W.1 has given a complaint to P.W.15, Special Sub Inspector of Police and the same has been registered in Crime No. 300 of 2011. The complaint given by P.W.1 has been marked as Ex.P.1. On receipt of Ex.P.1, the Investigating Officers viz., P.Ws.21 and 22 have conducted investigation and after completing the same laid a final report on the file of the Judicial Magistrate's Court No.I, Kulithalai and the same has been taken on file in P.R.C. No.14 of 2012.

(3.) THE trial Court after hearing both sides and upon perusing the relevant records has framed first charge against the accused under Section 302 of the Indian Penal Code and second charge against him under Section 392 of the Indian Penal Code and the same have been read over and explained to him. The accused has denied the charges and claimed to be tried.