MARI @ MARIMUTHU Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 36 of 2013 on the file of learned Principal Sessions Judge, Tiruvallur. He stood charged for the offences under Sections 302 & 380 I.P.C. By judgment dated 05.07.2013, the learned Principal Sessions Judge convicted the appellant under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-, in default to undergo simple imprisonment for 6 months, for the offence under Section 302 I.P.C. and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for 3 months for the offence under Section 380 I.P.C. 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.) Learned counsel for the appellant would submit that the arrest of the accused on 15.03.2010 at 5.30a.m. and the consequential recovery of M.O.s 1, 5 and 6 cannot be believed. He would further submit that no efforts were taken to lift the chance fingerprints from the bureau in the place of occurrence. He would further submit that according to the Doctor, who conducted postmortem, the death was due to asphyxia due to strangulation, whereas M.O.6, iron rod had been recovered by the Police, as though it was used in the commission of offence. Learned counsel for the appellant would also submit that the ornaments, which were found missing, as per the complaint, includes the "thali" of the deceased and a gold chain weighing 2 sovereigns, apart from cash of Rs.3000/- whereas M.O.1 recovered was a gold chain weighing 1 = sovereigns.