BABU @ MICHAEL .. Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder who stood charged, tried and found guilty as per the harge under Sec.302 of I.P.C. and awarded life imprisonment by the Principal Sessions Division, Dindigul, in S.C.No.6/96, has brought forth this appeal challenging the said judgment.

(2.) THE short facts necessary for the disposal of this appeal are:

(3.) THE case was committed to Court of Session, and necessary charge was framed. In order to substantiate the charge, the prosecution examined 7 witnesses and relied on 7 exhibits and 1 material object. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr.P.C., as to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false. In his statement under Sec.164 of Cr.P.C. he has stated that he suspected her fidelity; that he came to know about her illicit intimacy with one Nagaraj; that she was carrying three months fetus even after 20 days from the time of the marriage; that he advised her to reform herself; but, she continued to have connection with the said Nagaraj; that the panchayat was also against him, and therefore, on the date of occurrence, he killed her. Form 95 in respect of the recovery of M.O.1, saree, was marked by the Court as Ex.C -1. No defence witness was examined. The Court heard the arguments advanced on both sides, found the accused guilty as per the charge of murder and awarded life imprisonment. Hence, the conviction recorded, and the sentence awarded by the lower Court are being challenged by the appellant before this Court.