PENSILIYA Vs. THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) Kannan, the sole accused who was convicted and sentenced on 02.02.2012 in S.C.No.399/2008, by the Sessions Court [Mahalir Neethimandram] Chennai, is the appellant before us. He was charged, convicted and sentenced as follows: <FRM>JUDGEMENT_246_LAWS(MAD)8_2014_1.html</FRM>

(2.) It is the case of the prosecution that the appellant is the younger brother of Ramkumar [P.W.6]. Ramkumar [P.W.6] married the deceased Jayashree on 17.06.2007. After marriage, Ramkumar [P.W.6] and Jayashree became the tenant of Viola [P.W.1] at No.32, Teachers Colony 3rd street, Kodungayur, Chennai. The couple occupied the first floor of the house and Viola [P.W.1] lived with her family in the ground floor. The deceased Jayashree was on the family way. The appellant who was not married, also joined his brother Ramkumar [P.W.6] and stayed with him in his house. It is alleged by the prosecution that the appellant set lecherous eye on his sister-in-law Jayashree. On 18.02.2008, Viola [P.W.1] went to the first floor and found Jayashree lying on the floor with a knife bludgeoned into her abdomen. She also saw the appellant there. At this juncture, we do not want to discuss as to what transpired between them there, for we intend discussing about it in the body of the judgment. Suffice to continue with the narration of the prosecution version of the case.

(3.) When the accused appeared, the provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Sessions and later it was made over to the Sessions Court [Mahila Court], where the following charges were framed against the appellant.