ANNAMALAI @ GANESAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.7 of 2010, on the file of the Principal Sessions Judge, Madurai. He stood charged for the offences under Sections 302 and 307 IPC. By judgment dated 26.07.2010, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 302 IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 307 IPC. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) Out of the said witnesses, P.Ws.1 to 3 are the eye witnesses to the occurrence. They have vividly spoken about the entire occurrence, more particularly, P.W.3 is an injured eye witness. P.W.4 has turned hostile and he has not supported the case of the prosecution in any manner. P.W.5 has spoken about the preparation of the observation mahazar, rough sketch and the recovery of material objects at the place of occurrence. P.W.6 has stated that he took P.W.3 from the Government Hospital to Apollo Hospital and admitted. P.W.7 has spoken about the postmortem conducted and his final opinion regarding the cause of death. P.W.8 is the Head Clerk of the learned Judicial Magistrate, who has stated that she forwarded the material objects for chemical examination. Ex.P12 is the Scientific Analysis report and Ex.P13 is the serology report. According to these reports, human blood of 'A' Group was found on all material objects including the knife (M.O.3). P.W.9 is the Constable, who has stated that he handed over the FIR to the Court. P.W.10 is a Doctor, who has spoken about the treatment given to P.W.3 at Apollo Hospital. P.W.11 has spoken about the investigation done and the final report submitted by him.