LAWS(MAD)-2016-9-165

SHANMUGAVEL Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

Decided On September 23, 2016
SHANMUGAVEL Appellant
V/S
STATE REPRESENTED BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.212/2013 on the file of the learned Sessions Judge Mahalir Neethimandram (Fast Track Court) Tuticorin. He stood charged for the offence under Section 302 IPC. By judgment dated 16.06.2015, the trial Court convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for 6 months. 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 lone charge under Section 302 IPC. He denied the same. In order to prove the case, on the side of the prosecution, as many as 21 witnesses were examined, 26 documents and 5 material objects were marked. Out of the said witnesses, P.W.1 is the son of the deceased. He has turned hostile and he has not supported the case of the prosecution. P.Ws.2,3,4 and 5 have also turned hostile and they have not supported the case of the prosecution in any manner. P.Ws.6 and 7 have stated that they heard the occurrence later. P.W.8 - Dr.Srilatha has stated that the deceased was brought to the Government Medical College Hospital, Tuticorin, on 21.06.2013 at 2.20 p.m. At that time, she was conscious. She told that her husband poured kerosene and set fire. Ex.P2 is the Accident Register. P.W.9 has stated that he gave treatment to the deceased. But, she succumbed to the injuries on 25.06.2013 at 10.15 a.m. P.Ws.10,11,12 and 13 have turned hostile and they have not supported the case of the prosecution in any manner. P.W.14 - Head Constable has stated that he took the deadbody and handed over the same to the Doctor for postmortem. P.W.15 has stated that on receiving intimation from the hospital, he went to the hospital at 11.35 a.m. on 22.06.2013. P.W.15 - Dr.Lakshmi Bai has stated that she gave certificate to the Judicial Magistrate about the mental fitness of the deceased on 22.06.2013. According to her, the deceased was in a fit state of mind to make a dying declaration. P.W.16 has spoken about the postmortem conducted and his final opinion regarding the cause of death. P.W.17 - Head Constable has stated that he received the death intimation from the hospital. P.W.18 has stated that he handed over the alteration report to the learned Magistrate on 26.06.2013. P.W.19 has stated that on 26.06.2013 at 2.30 p.m., on receiving the intimation from the hospital, he went to the hospital and recorded the statement of the deceased, returned to the police station and registered a case. P.W.20 - the learned Judicial Magistrate has spoken about the judicial dying declaration recorded by her. P.W.21 has spoken about the investigation done and the final report filed.