SULOCHANA Vs. STATE

JUDGEMENT

(1.) THE appellant, who was arrayed as the first accused in sessions Case No. 81 of 2001 on the file of the Additional Sessions Judge- cum-Chief Judicial Magistrate, Cuddalore, was tried along with one Subramanian, who stood arrayed as the second accused for the offences punishable under sections 302 read with 34 and 201 of the Indian Penal Code. On being convicted, for the offence under section 302 read with 34 of the Indian Penal Code, each of them were directed to undergo life imprisonment and to pay a fine of Rs. 3000 carrying a default sentence of rigorous imprisonment for six months and for the offence under Section 201 of the Indian Penal Code each of them were directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000 with a default sentence of rigorous imprisonment for three months. Hence, the appeal.

(2.) FOR the sake of convenience, the appellant will hereinafter be referred to as the first accused and Subramani will be referred to as the Second accused, in the same rank, as they were referred to before the trial Court.

(3.) P. W. 12, the doctor attached to Tittakudi Government hospital, on receipt of Ex. P-12, requisition letter from P. W. 14, Conducted autopsy over the dead body of the deceased and found the following injuries: (1) Bluish black contusion over the right side of scalp 31/2'above the right ear 5'x 3'. (2) Cut injury over the lateral aspect of right eye-brow 1'x 1/4'x bone depth. Oozing of blood is seen underlying tissues are ecchymosed. (3) Black contusion over the centre of forehead 3 1/2' x 2 1/2'. (4) Left eye ball is swollen. Conjunctive fully congested. (5) Sub-conjunctival haemorrhage in right eye is seen. (6) Bluish black contusion over the centre of the chest crossing the nipple on left side 7'x 4 1/2'. (7) Irregular laceration over the mucoss of upper and lower lips. (8) Black contusion over the left side of fore head 5' x 4'. (9) Black contusion over the left side of face just below the left eye 4'x 3'. (10) Reddish black abrasion over the right side of neck 1' below the right mandible 5'x 1/4'. Ex. P-16 is the postmortem certificate issued by the doctor, in which the doctor has opined that the death would have occurred due to shock, haemorrhage and injuries to parietal, frontal bones and injury to blood vessels.