K SIVA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.19 of 2011, on the file of the IV Additional Sessions Judge, Chennai. He stood charged for the offence under Section 302 of the Indian Penal Code. By judgement dated 18.02.2013, 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.5000/-, in default, to undergo simple imprisonment for six 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 against the accused under Section 302 of the Indian Penal Code. The accused denied the same. In order to prove the case, on the side of the prosecution as many as 12 witnesses were examined, 11 documents and 3 materials objects were marked. Out of the said witnesses, P.Ws.1 to 4 are the eyewitnesses to the occurrence. They have spoken about the entire occurrence in a vivid fashion. P.W.1 has further stated about the complaint made by him to the police. P.W.5 has spoken about the observation mahazar prepared, the rough sketch and the recovery of blood stained earth and sample earth, from the place of occurrence. P.W.6 has spoken about the arrest of the accused, the disclosure statement made by him and the consequential recovery of M.O.1, the knife, at his instance. P.W.7 has spoken about the registration of the case on the complaint of P.W.1. P.W.8 has spoken about the chemical analysis conducted by him. He has stated that there was no blood stain on the knife, but there were blood stains on the other material objects. P.W.9 was the doctor, who examined the deceased at 8.45 p.m., at the Royapettah Government Hospital, on being produced by P.W.1. He has stated that on examination, he found the deceased dead and therefore, he forwarded the body to the mortuary. P.W.11 has spoken about the postmortem conducted and his final opinion regarding the cause of death. P.Ws.10 and 12 have spoken about the investigation done and the final report filed.