MOORTHY Vs. STATE

JUDGEMENT

(1.) AGGRIEVED over the conviction for the offence under Section 326 I.P.C. passed in S.C.179 of 2000 dated 6.12.2000 by the Principal Sessions Judge, Erode and the sentence imposed against the accused to undergo three years rigorous imprisonment this appeal has been preferred.

(2.) BRIEF facts of the case are as follows: The deceased is brother's wife of the accused. P.W.1 and P.W.3 are sister and mother of the deceased. P.W.2 is a resident opposite side of the house of the accused. One Palanisamy is husband of the deceased Rajamani. The accused is brother of said Palanisamy. The accused had two brothers. The mother of the accused Pappayammal settled her immovable property in favour of the accused and another son by name Venkatesan ignoring the rights of Palanisamy and no right was given to Palanisamy. Regarding the same there was frequent quarrel between the accused and the complainant.

(3.) P.W.7 conducted autopsy on the body of the deceased on 12.12.1999 at about 9.30 a.m. and issued Ex.P8 postmortem certificate wherein he noted the following injuries: