NAGAPPAN Vs. STATE

JUDGEMENT

(1.) The appellant in this appeal is the sole accused in Sessions Case No.77 of 2009, on the file of the Additional Sessions Judge(Fast Track Court) Thirupathur, Vellore District. He stood charged for the offences under Sections 294-B and 302 of the Indian Penal Code, the Trial Court convicted the appellant for offence under Section 302 of the Indian Penal Code alone, and sentenced him to undergo life imprisonment and also imposed a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for six months and acquitted the appellant for the offence under section 294-B. Challenging that conviction and sentence, the appellant is before this Court with this appeal.

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

(3.) Out of the said witnesses, PW1, the daughter of the deceased is the sole eyewitness to the occurrence. She has spoken about the occurrence that she, alongwith her mother had taken their cattle for grazing and after letting the cattle for grazing, they were sitting near a thatched shed that belongs to PW2 and taking and at that time, the accused came to that place and asked the deceased to go alongwith him which was refused by the deceased. Hence, out of anger, he cut the deceased on her neck and severed the head. PW2 was also present in the scene of occurrence, he did not see the occurrence, but only seen the accused running away from the scene. PW3 is another daughter of the deceased. After receipt of information from PW1, she went to the police station alongwith PW1 and filed the complaint. PW4 is a resident of the same village, but, she turned hostile. PW5 is the brother of the deceased. He has spoken about the illegal intimacy between the accused and the deceased. PW6 is the Doctor, who conducted autopsy. He has spoken about the post mortem conducted at about 12.30 pm on 7.9.2008 and opined that the death was due to sudden decapitation of the head. PW7 is the witness to the observation mahazar, Ex.P5. PW8 is the photographer, who took photographs. PW9 is the Head Constable who took the FIR to the Magistrate Court and the higher officials. PW10 is the Head Constable, recovered saree M.O.1, blouse M.O.2 and inner skirt M.O.3 from the accused under Ex.P6. PW11 is the Head Clerk working in the Judicial Magistrate Court, Ambur, who received the articles and sent the same to the Forensic Laboratory. PW12 is the Assistant working in the Vellore Forensic Laboroatory, who submitted the chemical analysis report, Ex.P9. PW13 Assistant Chemical Analyst of Thanjavur Forensic Lab examined M.Os.1 to 3 and 5 to 9 and filed a report under Ex.P10 stating that the blood stain found in M.Os.5 to 9 belongs to 'B' group. PW14, the Village Administrative Officer of Periyavarigam Village, he was the witness to the arrest of the accused and seizure mahazar under Exs.P11 to P13, and also M.Os.8 and 9 under Exs.P11 to P13. PW15 investigating officer, after completion of investigation, filed a charge sheet for offence under section 294-B and 302 of the Indian Penal Code.