KARUMPANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) KARUMPANDI alias Muthupandi is a sole accused in this case has come forward with this appeal challenging his conviction and sentence passed by the learned Additional Sessions Judge, Fast track Court No. I. Tirunelvell, made in S. C. No. 63 of 2002 dated 29-4-2003 convicting him of the offence under Section 302, I. P. C, and sentencing him to undergo life imprisonment and also imposing a fine of Rs. 500/-, in default, to undergo two years' rigorous imprisonment and also convicting him under section 397, I. P. C. and sentencing him to seven years' rigorous imprisonment.

(2.) (a) It is alleged by the prosecution that the accused said to have entered into the house of the deceased Pandi, who is the husband of P. W. 2, the injured witness in this case and thereafter attacked the deceased and also removed the ear studs of p. W. 2 viz. . M. Os. 1 to 3. The occurrence in this case said to have taken place on 12-5-2001 at 3. 30 a. m. and at that time, the deceased was sleeping with his wife, P. W. 2, and their children. The only eye-witness available on record, as per the prosecution case is P. W. 2. who is claimed to have witnessed the occurrence. According to P. W. 2, on the fateful day of occurrence, viz. , on 12-5-2001, the deceased and herself along with their children were sleeping in the house. There is a theatre nearby to their house. It is claimed by PW 2 that after the night show public were returning from the theatre and due to that sound the deceased, the husband of P. W. 2 woke up and asked p. W. 2 for food and after taking food both p. W. 2 and her husband, the deceased were sleeping on the verandha of their house. At that time she heard the murmuring sound of her husband and while she woke up the accused was removing her studs from her left ear. Thereafter P. W. 2 raised hue and cry. The accused immediately cut her with aruval, M. O. 11 on her left side face and also on her left shoulder. Thereafter she found her husband the deceased lying dead with bleeding cut injuries on his neck. The neighbours came to her house on hearing the hue and cry of P. W. 2. P. W. 2 said to have informed them that an unknown person aged about 25 years with 41/2 feet height came and cut her husband and ran away from the scene. It is further claimed by p, W. 2 that she was able to see the assailant through the moon light.

(3.) THE prosecution, in order to bring home the charges against the accused examined p. Ws. 1 to 13, filed Exs. P. 1 to P. 18 and marked M. Os. 1 to 11.