PALANI Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred by the accused challenging the conviction and sentence passed by the learned Principal Sessions Judge, Cuddalore, in S.C.No.8 of 1999 convicting the accused for the offence under Section 304(II) I.P.C. sentencing him to undergo 5 years Rigorous Imprisonment. The accused was acquitted in respect of the charge under Section 201 I.P.C.

(2.) THE accused faced the trial in this case under the following backdrop. P.W.1 is the son of the deceased and P.W.7 is the daughter of the deceased. THE deceased used to go for grazing cattle daily at 2 p.m. and used to return before 5 p.m. On 9.5.97 at about 2 p.m. the deceased took her cattle for grazing but she had not returned back home till 7.00 or 7.30 p.m. P.W.7 daughter of the deceased sent a word to her father and brothers through her brother one Vimal and searched the deceased, During their search P.W.1 and P.W.7 and others found only the cow near the railway line. While they were returning back to their house through the Casuarina grove, they found the chappals belonging to their mother, the deceased and they found the body of their mother in the field belonging to Jagannathan. Both P.W.1 and P.W.7 found the deceased lying dead and her neck was tied with a saree. P.W.1 and P.W.7 also found some injuries on the body of the deceased. THEre was bleeding on the left ear and stab injuries on her right hand and left fore-head. Both P.W.1 and P.W.7 found the body of the deceased only at 9 p.m

(3.) P.W.10 thereafter examined the doctor P.W.5 and received post-mortem certificate. P.W.10 after completion of investigation filed the charge sheet against the accused on 6.8.97 for the offence under Section 302 and 201 I.P.C.