THANGAVEL Vs. STATE

JUDGEMENT

(1.) The appellant is the sole Accused in S.C.No.62 of 2010 on the file of the learned I Additional Sessions Judge, Salem. He stood charged for offences under Sections 302, 307 of IPC [Two counts] and 309 of IPC. The trial court, by judgement dated 26.04.2011, convicted the appellant under all three charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months for offence under Section 302 of IPC; to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- for each count in default to undergo rigorous imprisonment for six months for offence under Section 307 of IPC [Two counts] ; and to undergo rigorous imprisonment for one year for offence under Section 309 of IPC. Challenging the said convictions and sentences, the sole accused is now before this court with this criminal appeal.

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

(3.) On 02.11.2009, P.Ws.2 and 3 had gone to their school. Thus, at 10.00 a.m. on the day of occurrence, the deceased and the accused alone were in the house. The accused demanded money from the deceased for drinking liquor. The deceased refused. This resulted in a quarrel. It is alleged that infuriated over the same the accused took out a wooden spatula [kali kattai] which is used as a kitchen material and attacked the deceased on her head. The deceased fell down. Then, he hit her head against the wall. The deceased sustained fracture on the skull and died instantaneously. It is further alleged that the accused concealed the dead body in a room in the house.