A. KUMARAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the convictions and sentences dated 05.09.2006 passed in Sessions Case No. 109 of 2006 by the Principal District and Sessions Court, Madurai.

(2.) THE crux of the case of the prosecution is that the de facto complainant by name Jeyalakshmi is the wife of the deceased and she has been running a small hotel and she known the accused. Prior to seven months, wife of brother of the accused by name Dhanalakshmi has used to come to hotel of the de facto complainant and two days prior to Deepawali, the said Dhanalakshmi has eloped with the accused and with regard to such elopement, prior to 4 or 5 days from the date of occurrence, the accused has enquired the deceased about the said Dhanalakshmi. The said Dhanalakshmi after coming to village has committed suicide. On the date of occurrence, the accused has come to hotel of the de facto complainant and stated that only due to disrespect caused by the deceased to the said Dhanalakshmi she committed suicide and at about 12.00 noon, the accused has poured heated milk on the person of the deceased and with an intention to murder him, he attacked on his chest by using a knife and due to his overacts, the deceased has sustained injury. After occurrence, he has been taken to Government hospital, Melur, where it is informed that the deceased has passed away and subsequently the de facto complainant has given the complaint, Ex. P1 and the same has been registered by the Sub Inspector of Police (P.W. 13) in Crime No. 1390 of 2004 under Section 302 of the Indian Penal Code.

(3.) THE postmortem certificate has been marked as Ex. P8. After completing investigation, the Investigating Officer has laid a final report on the file of the Judicial Magistrate Court, Melur and the same has been taken on file in PRC No. 61 of 2005.