RAMESH Vs. STATE REP. BY THE INSPECTOR OF POLICE, TIRUPUR RURAL POLICE STATION, TIRUPUR DISTRICT. [CRIME NO.5748 OF 2010]

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 3 of 2012 on the file of the I Additional Sessions Judge, Tirupur. He stood charged for offences under Sections 302, 449, 392 and 201 of IPC. After trial, by judgement dated 21.06.2013, the trial court convicted the accused for offences under Sections 302, 449, 392 and 201 of Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 in default to undergo simple imprisonment for three months for offence under Sec. 302 of IPC; to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000.00 [no default sentence was imposed] for offence under Sec. 449 of IPC; to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000.00 [no default sentence was imposed] for offence under Sec. 392 of Penal Code and to undergo simple imprisonment for three years and to pay a fine of Rs. 500.00 [no default sentence was imposed] for offence under Sec. 201 of IPC. Challenging the above said conviction and sentence, the sole accused is now before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows :- The deceased in this case was one Mrs.Mangathal. She was residing at Mangattu Thottam in Kalaipalayam. She was living alone at her house. In that farm, she raised maize crops and after selling the same, she kept cash of Rs. 12,000.00 with her. She was wearing a gold ring. She was owning two bangles weighing 11/2 sovereigns each. She used to keep the same in the steel bureau at her house.

(3.) On 19.08.2010, the deceased alone was at her house. On the next day morning, at about 08.00 a.m. she was found dead. The body was found half burnt. P.W.1, the son in law of the deceased, on getting information about the same, rushed to the house of the deceased. After verifying that the deceased was no more, immediately, he went to Tirupur Rural Police Station and made a complaint on 20.08.2010 at 10.30 a.m. P.W.16, the then Sub Inspector of Police, on receipt of the said complaint under Ex.P.1, registered a case in crime No.5748 of 2010 under Sections 302 and 201 of IPC. Ex.P.12 is the FIR. She forwarded both the complaint-Ex.P.1 and the FIR-Ex.P12 to the court which were received by the learned jurisdictional Magistrate at 06.45 p.m. on 20.08.2010. Then, he handed over the case diary to the Inspector of Police.