ANNAMALAI Vs. STATE

JUDGEMENT

(1.) THE appellant/sole accused stands convicted in Sessions Case No.50 of 2003 on the file of the Additional Sessions Court, Vellore for an offence under section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo one year rigorous imprisonment for the murder of his brother's wife Neela on 17.9.1999 at 7.00 p.m. by cutting her with knife.

(2.) 8. P.W.14 arrested the accused at 5.00 pm on 18.9.1999 in the presence of P.W.6, Village Administrative Officer and obtained his confession statement, admissible portion of which is marked as Ex.P4. Based on Ex.P4, he seized the knife, M.O.4 under Mahazar Ex.P5. He sent the accused to the Court for judicial custody. 2.9. P.W.14 after post mortem, seized the dress materials (M.Os.1, 2 and 7) and metti (M.O.3 series) worn by the deceased under Form-95, Ex.P15. He sent a requisition Ex.P10 to the Court to subject the material objects for chemical analysis. Ex.P12 is the Biological report. Ex.P13 is the Serology report. Ex.P14 is the Chemical Analysis report. 2.10. P.W.14 examined the witnesses and recorded their statements and after completing the investigation, he filed a final report against the accused under Section 302 IPC on 10.11.1999. 2.11. Since the accused denied the charge framed, he was tried by the trial Court in S.C.No.175 of 2000. 2. 12. The prosecution, in support of their case and to substantiate the charge levelled against the accused, examined P.Ws.1 to 14 and marked Exs.P1 to P18 and M.Os.1 to 7.

(3.) WE have given our anxious consideration to the submissions of both sides and perused the materials available on record.