VAIRAVEL Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.145 of 2011on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Gobichettipalayam, Erode District. He stood charged for the offences under Sections 302, 404 and 201 of IPC. By judgement dated 07.12.2011, the trial court convicted him under all the three charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for three months for offence under Section 302 of IPC; to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two months for offence under Section 404 of IPC; and to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two months for offence under Section 201 of IPC. Challenging the said conviction and the sentence, the sole accused is now before this court with the present criminal appeal.

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mrs.Gowri. P.W.6 is her husband. They were living together as husband and wife. They were originally residing in the house belonging to one Mr.Prakash at Periyanna Nadar Street, Periyamodachur, as tenants. The accused was residing with his wife in yet another house within the same compound as a tenant.

(3.) Based on the above materials, the trial court framed as many as three charges under Sections 302, 404 and 201 of IPC. The accused denied the same. In order to prove the same, on the side of the prosecution, as many as 24 witnesses were examined, 15 documents and 5 materials objects were marked. M.O.1 is the blood stained earth, M.O.2 is the sample earth, M.O.3 is the blood stained blue metal stone, M.O.4 is a pair of brown colour chappal and M.O.5 is the broken pieces of glass bangles. These materials objections were recovered from the place of occurrence.