GAJA @ GAJENDRAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.80 of 2009, on the file of the Additional District and Sessions Judge, Fast Track Court No.1, Chengalpattu. He stood charged for the offence under Section 302 of the Indian Penal Code. By judgement dated 22.12.2009, the trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for one month. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) Based on the above materials, the trial Court framed a sole charge against the accused under Section 302 of the Indian Penal Code. Since the accused denied the same, to prove the case, on the side of the prosecution as many as 11 witnesses were examined, 28 documents and 3 materials objects were marked. Out of the said witnesses, P.W.1 is the Village Administrative Officer. It is stated that he found the dead body of the deceased at the house of the accused on 2.11.2007 at 10.00 a.m., and then he made a complaint to the police. P.W.2 is the Village Assistant, who informed P.W.1 that the dead body of the deceased was found. P.W.3 is a Villager, who has stated that on the day of occurrence, when she went to the house, though she knocked the door, there was no response. She has further stated that one day prior to the occurrence, there was quarrel between the deceased and the accused. Since there was no response from inside the house, she raised alarm, which attracted the neighbours. They entered into the house and found the dead body of the deceased. P.W.4 has not stated anything incriminating, as he has stated that he heard about the occurrence subsequently. P.W.5 is the son of the deceased, aged about 20 years. He is not an eyewitness to the occurrence. He stated that the accused was absconding for about 10 months. He has identified M.O.1 as the nose-screw, belonging to the deceased. P.W.6 has spoken about the observation mahazar prepared and the recovery of the blood stained earth and sample earth and the other material objects from the place of occurrence. P.W.7 has spoken about the arrest of the accused on 28.08.2008 and the statement made by him and also the recovery of M.O.1, nose-screw, on the disclosure statement made by the accused. P.W.8 has spoken about the registration of the case. P.W.9 has spoken about the post-mortem conducted by her and her final opinion regarding the cause of death. P.Ws.10 and 11 have spoken about the investigation done.