STATE Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE order of acquittal dated 20.04.2001 passed in Sessions Case No.36 of 2000 by the Second Additional District and Sessions Court, Tirunelveli is being challenged in the present Criminal Appeal.

(2.) THE crux of the case of the prosecution is that the accused by name Subramanian is the husband of deceased Valli and both of them have had despair against each other because of the alleged suspicious conduct of the deceased. Due to the alleged suspicious conduct of the deceased, in the house of the accused, he attacked the deceased by using a knife and due to his overtacts the deceased has had passed away. After occurrence, brother of the accused by name Shanmugam has given a statement to the concerned Village Administrative Officer, who has been examined as P.W.2 and P.W.2 has handed over the said complaint to the Sub Inspector of Police (P.W.10) and the same has been registered in Crime No.186 of 1999 under Section 302 of the Indian Penal Code. The statement alleged to have been given by the de facto complainant has been marked as Ex.P.3.

(3.) ON receipt of Ex.P.3, the Investigating Officer (P.W.13), has taken up investigation and made arrangements to conduct autopsy and P.W.11 has conducted autopsy on the body of the deceased and found the following internal and external injuries: