KATHIRVEL Vs. STATE THROUGH INSPECTOR OF POLICE ARUPPUKOTTAI

JUDGEMENT

(1.) THE accused in S.C. No. 65/2001 on the file of the Principal Sessions Court, Srivilliputtur is the appellant herein. THE appellant was convicted for the offence punishable under Sections 449, 302, 393 r/w 397 and 380 IPC.

(2.) THE short facts of the prosecution case required for the purpose of deciding this appeal are that on 10.12.1999/11.12.1999 at about 1.30 a.m. the accused had trespassed into the house of the deceased Vazhavandammal by removing the tiles in the kitchen and strangulated her and also caused suffocation by pressing with a pillow on her nose and mouth causing asphyxia resulting instantaneous death and in the course of the said act he had also pressed her right chest with his knee, which resulted in the fracture of 3rd, 4th, 5th and 6th ribs on the right side after causing the death of the said Vazhavandammal. According to the prosecution the accused had robbed M.Os.1 to 3 gold ornaments and also committed theft of MO.4 silver anklets from her bureau. THE complaint was preferred by PW1 the son of the deceased. THE complaint was taken on file by PW13 who had registered the case under Aruppukottai Town Police Station in Crime No.765/1999 under Section 457, 302 and 379 IPC. On the basis of the FIR, PW13 the Inspector of Police, had investigated the case and filed charge sheet before the Judicial Magistrate, Aruppu-kottai, who had taken the charge sheet on file as PRC No.10/2000. Since the case is triable by the Court of Sessions, the Judicial Magistrate had committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions. Before the trial Court, PWs-1 to 13 were examined and Exs.P1 to P21 and M.Os.1 to 19 were marked.

(3.) THE learned Principal Sessions Judge, Srivilliputtur, after going through the evidence, has convicted the accused under Sections 449, 302, 393 r/w 397 IPC and slapped with three months Rigorous Imprisonment, Life Imprisonment and 7 years Rigorous Imprisonment respectively under the above Sections of law.