M ARJUNAN Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 04-04-2007 passed in S.C.No.14 of 2007 by the Additional District and Sessions Court, Fast Track Court No.II,Kancheepuram are being challenged in the present criminal appeal.

(2.) The case of the prosecution is that on 02-11-2001, the accused has advanced a sum of Rs.80,000/- (Rupees Eighty thousand only) by way of debt to the deceased, by name, Rajagopal and to that effect, he obtained a promissory note. On 07-12-2002, the accused has demanded Rs.50,000/-(Rupees Fifty thousand only) towards interest and another Rs.50,000/-(Rupees Fifty thousand only) towards principal amount, prior to one month from 21-06-2003. On 21-06-2003, in the presence of some witnesses, the deceased has stated that he would discharge the entire amount. But, he has not been able to keep up his promise and due to the torture of the accused on 21-06-2003, at about 23.50 hours, the deceased has committed suicide. After occurrence, one of the sons of the deceased, by name Rajendran, as defacto complainant has given a complaint and the same has been registered in Crime No.292 of 2003. The complaint alleged to have been given by the defacto complainant has been marked as Ex-P1.

(3.) On receipt of Ex-P1, the Investigating Officer, viz., P.W.15 has taken up investigation, examined connected witnesses and also made arrangements to conduct autopsy on the body of the deceased and accordingly, the Doctor by name Chakravarthy, P.W.12 has conducted autopsy and he found the following external and internal injuries: