SAMUTHIRAM Vs. THE STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.208 of 2009, on the file of the learned Additional District and Sessions Judge, Special Court for Essential Commodities Act, Thanjavur. There were two other accused by name, Jeyalakshmi and Murugan. Mr.Murugan was found to be a juvenile and therefore he was dealt with under the Juvenile Justice (Care and Protection) Act, by the Juvenile Justice Board. The appellant and his wife faced the trial in the present case. The Trial Court framed a lone charge against the appellant herein under Section 302 I.P.C. and framed a charge under Section 302 read with 109 I.P.C. against the second accused. By Judgment, dated 06.08.2010, the Trial Court acquitted the second accused, however convicted the appellant/first accused under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.

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

(3.) Based on the above materials, the Trial Court framed charges as detailed in the first paragraph of this Judgment. The accused denied the same. In order to prove the case, on the side of the prosecution, as many as, 15 witnesses were examined and 19 documents were exhibited, besides 3 Material Objects.