D. CHELLADURAI Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No. 120 of 2006, on the file of the learned Additional District Sessions Judge [Fast Track Court No. I], Tuticorin Division, Tuticorin. He stood charged for the offences punishable under Sections 302 and 506(ii) of the Indian Penal Code. By Judgment dated 26.04.2007, the Trial Court has convicted the appellant, as detailed below: -

(2.) THE case of the prosecution, in brief, is as follows: -

(3.) THE learned counsel for the appellant would submit that the evidences of PW -1 and PW -2 cannot be believed, in view of the contradictory statements made by PW -1 to the doctors, when he took the deceased to the Government Hospital at Kovilpatti as well as to the Government Medical College Hospital, at Palayamkottai, Tiruenveli. The learned counsel would further submit that the occurrence would not have taken in the manner, as it is projected by the prosecution. He would further submit that even assuming that it was this accused, who caused injury on the deceased, which resulted in her death, the act of the deceased would not fall within the ambit of Section 302 of the Indian Penal Code and the same would fall within the ambit of Section 304(i) of the Indian Penal Code.