POONCHOLAI Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 30.3.2004 made in Sessions Case No.313 of 2002 on the file of the learned Principal Sessions Judge, Dharmapuri District at Krishnagiri, convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and imposed a fine of Rs. 2,000/-, in default, to undergo six month rigorous imprisonment.

(2.) THE case of the prosecution, which is rested on the statement of P.W.1, marked as Ex.P1, is that on the fateful day, at about 4.00 am, the accused/husband threw stone on the head of the deceased/wife, who was sleeping in the pial. On hearing the sound and cry of the deceased, the daughter of the deceased, P.W.3, who was sleeping inside the house, came out of the house and saw her mother lying outside with blood oozing from her head and a stone was lying near the head. As the mother was not responding to her, immediately, she went to the house of P.W.1 and informed him.

(3.) THE pristine question involved in this appeal is, whether the trial Judge was right in holding that the prosecution has proved the guilt of the accused beyond reasonable doubts.