P. KARUPPAN Vs. THE STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 33 of 2013, on the file of the learned Sessions Judge [Fast Track Mahila Court], Karur. He stood charged for the offence punishable under Section 306 I.P.C. By Judgment dated 02.09.2014, he was convicted under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for three months. As against the said conviction and sentence, the appellant has come up with this Criminal Appeal. The case of the prosecution, in brief, is as follows:-

(2.) Based on the above materials, the Trial Court framed charge under Section 306 of IPC. When the accused was questioned in respect of the charge, he denied the same. In order to prove the charge, the prosecution examined as many as 12 witnesses and exhibited 13 documents besides 2 Material Objects. Of the said 12 witnesses, except P.W. 4 - the brother's son of the accused and P.W. 8 - the uncle of the deceased, no witness has supported the case of the prosecution. When the Trial Court examined the accused under Section 313 of the Code of Criminal Procedure in respect of incriminating evidences available against him, he denied the same as false. However, he did not choose to examine any witness nor to exhibit any document.

(3.) Relying on the two dying declarations, one recorded by the learned Magistrate and other by the police, the trial Court convicted the accused under Section 306 of the Indian Penal Code. That is how, the appellant is now before this Court with this Criminal Appeal.