MARIMUTHU Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No.176 of 2009 on the file of the learned Principal Sessions Judge, Tuticorin. He stood charged for the offence under Section 302 IPC. By judgment dated 07.01.2011, the trial Court convicted him for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/ -, in default to undergo rigorous imprisonment for one year. 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.) THE learned counsel appearing for the appellant would submit that there is enormous delay in despatching the FIR to the Court, which creates doubt in the case of the prosecution. The learned counsel would further submit that PWs.1 & 2 cannot be believed as they are interested witnesses. He would further submit that the occurrence would not have happened as it is projected by the prosecution. So far as the motive is concerned, the learned counsel would submit that the non examination of Anuradha is fatal to the case of the prosecution. He would further submit that the recovery of MO.1 is immaterial. The learned counsel would make an alternative argument that even assuming that the accused was the one who caused the death of the deceased, the offence would fall only under Section 304(ii) IPC.