LAKSHMANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant in this appeal stands convicted in s. C. No. 35/2003 on the file of the Additional court of Sessions (Fast Track Court)Kallakurichi for the offence under Section 302, I. P. C. , for which, he stands sentenced to undergo imprisonment for life. Therefore, he is before this Court in this appeal questioning his conviction. Heard Mr. M. Doraisamy learned counsel appearing for the appellant and Mr. N. R. Elango learned Additional public Prosecutor appearing for the State.

(2.) THE prosecution case is that at about 10. 00 p. m. on 4-9-2002, the accused accosted p. W. 2; compelled her to satisfy his sexual lust; the deceased by name Hariram came to her aid and was escorting her to safety and enraged at that, the accused forcibly took Hariram to a nearby area where, i he killed him by hitting him on his chest twice or thrice with a big stone and there fore punishable for the offence referred to- earlier. The prosecution examined P. Ws. 1 to 17, besides marking Exs. P. 1 to P. 15; P. 122 to P. 25 and M. Os. 1 to 11. C. Ws. 1 to 4 were examined as Court witnesses and Exs. C. 16 to C. 21 came to be marked through them. The defence neither let in any oral evidence nor documentary evidence.

(3.) P. W. 1 is the wife of the deceased, who was a tailor by profession. Everyday, her husband used to go to Vellimalai to do tailoring work and return to the village. On a wednesday in the 11th month of a year, her husband left to attend the betrothal function of one Palanisamy, an employee under him, at Nochimedu; till about 9. 00 p. m. on that night, her husband did not return home; on the next day, she went in search of him and she did not find him anywhere. The residents of Vellimalai were talking that there is a male dead body in the waterway at Ramakuthi, which made her to go to that place. She identified that dead body as that of her husband. She found that her husband had injuries on his head, besides a granite stone kept on his chest. She returned to Vellimalai and with the help of a literate, she got the complaint reduced into writing. The scribe read over that complaint to her and finding what she told him are reflected in the said complaint, she put her signature in it. She went to the police station and gave it. On the next day, she was examined by the police. Police took her to the place where the dead body was lying. A number of people went to the crime scene. At that time P. Ws. 2 and 3 told her "that the accused tried to misbehave with P. W. 2 on the previous night; p. W. 1's husband escorted P. W. 2 to safety; in the course of their move, the accused fisted P. W. 1's husband; dragged him to a waterway at Ramakuthi and by pressing his chest with a big stone, killed him". She identified the dead body.