SUBBIAH S/O PONNUSAMY NADAR Vs. STATE

JUDGEMENT

(1.) THE appellant, the sole accused in Sessions Case No.320 of 2001 on the file of Additional Sessions Judge (Fast Track Court No.II), Thoothukudy, has filed this appeal against the judgment, dated 15.04.2002, convicting him under Sections 302 and 326 I.P.C. and sentencing him to undergo life imprisonment for the offence under Section 302 I.P.C. and three years rigorous imprisonment for the offence under Section 326 IPC and also ordering the sentences to run concurrently.

(2.) THE brief facts of the prosecution case are as follows:

(3.) ON the date of occurrence, i.e. 23.04.1998, the deceased, her husband Subramanian and his son P.W.2 had to appear in the Judicial Magistrate Court, Tiruchendur, and for that purpose, the deceased and her husband Subramanian travelled in a trucker upto Sathankulam bus-stand and their son P.W.2 came there by bus, at which time, this appellant/accused is said to have slashed the throat of the deceased and also stabbed on the left chest of the deceased. The injury on the throat was so severe that it had cut the trachea, carotid artery, internal jugular vein and all the muscles of the neck which is sufficient to cause instantaneous death. After inflicting such a serious injury, the accused has also caused stab injury on the left chest of the deceased. Further, when Subramanian, the husband of the deceased, tried to prevent the appellant/accused from attacking his wife, the accused has caused injuries on Subramanian also and the injuries sustained by him are mentioned in Ex.P-13 wound certificate issued to him. Subramaiam has sustained as many as 10 injuries, out of which injury Nos.2 to 10 were all on his both hands and fingers, which would prove that the said Subramanian, the husband of the deceased, tried to prevent the accused from inflicting injuries on his wife. P.W.2 has cogently spoken about the occurrence in his evidence and seems to be natural one.