LAWS(MAD)-2006-9-273

KUPPUSAMY Vs. INSPECTOR OF POLICE

Decided On September 18, 2006
KUPPUSAMY Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 26.2.2004 made in Sessions Case No.319 of 2003 on the file of the Principal Sessions Judge, Salem, whereunder the appellant herein, sole accused was tried for the offence punishable under Section 302 I.P.C., in connection with the occurrence said to have taken place at about 7.00 p.m., on 7.12.2002 near a pond at Karukkalvadi Kadakaranur village, within the jurisdiction of Taramangalam Police Station, for having said to have administered Monocrotophos, a poisonous substance, mixed with alcohol and caused the death of one Annamalai.

(2.) 1. The case of the prosecution was built up on the statement lodged by one Pappathi (P.W.1) to P.W.14, a police constable attached to Taramangalam police station at about 7.00 a.m. on 8.12.2002, which was subsequently marked as Ex.P1. P.W.1 is nonetheless the wife of the deceased. Based on the complaint (Ex.P1), a First Information Report (Ex.P14) was registered by P.W.14 in Crime No.926 of 2002 on the file of the said police station.

(3.) PER contra, learned Additional Public Prosecutor contends that the witnesses examined by the prosecution to speak about the motive and occurrence unerringly point to the guilt of the accused in committing the crime and that there is no reason at all to interfere with the well considered judgment of the trial Court.