KUBENDRAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 109 of 2010 (Crime No. 369 of 2010) on the file of the learned Additional District and Sessions Judge, Theni at Periyakulam. The appellant has been charged for the offences under Sections 302 and 404 I.P.C. The trial Court, by Judgment dated 24.07.2012, convicted him for the offence under Section 302 I.P.C and sentenced him to undergo Life Imprisonment and also imposed fine of Rs. 1,000/- and, in default, to undergo Rigorous Imprisonment for three months and also, convicted him for the offence under Section 404 I.P.C and sentenced him to undergo Rigorous Imprisonment for one year and also imposed fine of Rs. 500/- and, in default, to undergo Rigorous Imprisonment for one month. Challenging the conviction Judgment delivered in S.C. No. 109 of 2010, the appellant/accused in Crime No. 369 of 2010 is before this Court with this present appeal and he has been enlarged on bail as per the order dated 21.01.2013 passed by this Court. The brief case of the prosecution is as follows; P.W.1 Jeyalakshmi has four daughters and one son and deceased Manonmani is the fourth daughter and the Saminathan (P.W.8) is the husband of the deceased and the deceased has one son, namely, Ashok Kumar (P.W.6), aged 16 years and the appellant is the friend of the said Ashok Kumar and after three years from the date of her marriage, she used to live separately with her son, and her husband has gone to Kerala for doing work, and thereafter, the deceased has run a Beauty Parlour in the house of the P.W.1. The deceased's husband used to give money, to maintain her family, and on 05.05.2010 at 16 hours, the deceased and the appellant have gone to Kerala, to get money from her husband and also, met him and at that time, the husband of the deceased has beaten the deceased and the appellant and scolded the deceased for coming to him with the appellant and they have returned to Uthamapalayam and knocked the door of the P.W.1's house on 06.05.2010 at 1.30 hours and the mother of the deceased (P.W1) has also scolded them and not admitted them into the house. Hence, the deceased has tortured the appellant to take her to the house of the appellant and due to all incidents, the appellant has the motive to kill the deceased and on the same day, the accused has pulled down the deceased and knocked her head on the floor on two times and due to the injuries, the deceased has died and the appellant has taken her IA sovereigns of ear stud from her ear. Hence, according to the prosecution, the appellant/accused in Crime No. 369 of 2010, is liable to be punished under Sections 302 and 404 I.P.C.

(2.) On completion of the evidences on the side of the prosecution, the accused has been questioned under Section 313(1)(b) of Cr.P.C. as to the incriminating circumstances mentioned in the evidences of prosecution witnesses and he has stated that he is an innocent person and he is not involved in the case.

(3.) Having considered all the above materials on record, the trial Court has convicted the appellant/accused and sentenced him as mentioned in the beginning of this Judgment and challenging the said conviction and sentence, the appellant has come forward with the present appeal.