LAWS(MAD)-2006-2-338

NAGAPPAN Vs. STATE OF TAMILNADU

Decided On February 15, 2006
NAGAPPAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE appellant Nagappan, for having caused the death of his wife Muruvammal, has been convicted for the offence under Sections 302 and 506 (ii) I. P. C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo R. I. for three months. Challenging the same, this appeal has been filed.

(2.) THE short facts leading to the conviction are as follows:

(3.) MR. K. Veeraraghavan, learned counsel for the appellant would take us through the entire evidence and contend that the evidence of P. W. 1 is not reliable, especially when he is an interested witness being the brother of the deceased and as such, the accused is liable for acquittal. In support of his contention, learned counsel has relied upon the decisions of the Supreme Court in Marudanal Augusti vs. State of Kerala ( (1980) 4 SCC 425), Sohan vs. State of Haryana (2001 SCC (Cri) 587), Joseph vs. State of Kerala (2003 SCC (Cri) 356) and Kunju Muhammed vs. State of Kerala (2004 SCC (Cri) 1425) in order to establish that the evidence of a single eye witness cannot be relied upon fully in the absence of corroboration and the prosecution case cannot be accepted in the absence of examination of material witnesses.