UDAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.376 of 2012 on the file of Principal Sessions Court, Salem. He stood charged for the offences under Sections 294-B, 307 and 302 IPC. By judgment, dated 11.03.2015, the trial Court convicted him for the offences under Sections 307 and 302 IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.1,000/-; in default, to undergo rigorous imprisonment for one year for the offence under Section 302 IPC; and to undergo rigorous imprisonment for ten years and pay fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one year for the offence under Section 307 IPC. The trial Court acquitted him from the charge under Section 294-B IPC. 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 charges as detailed in the first paragraph of this judgment and the accused denied the same. In order to prove the case, on the side of the prosecution, as many as 13 witnesses were examined and 16 documents were marked. No material objects were marked. Out of the said witnesses, P.W.1 has spoken about the motive for the occurrence. He has further stated that he took the deceased to the hospital. He has also spoken about the complaint made by him to the police. P.W.2 is the injured witness. He has stated about the entire occurrence. P.W.3 is an eye witness to the occurrence, but, in cross-examination, she has stated she did not witness the occurrence at all. P.W.4 has stated that he took the deceased along with P.W.1 to the hospital. P.W.5 has spoken about the preparation of observation mahazar and rough sketch at the place of occurrence. P.W.6 has spoken about the treatment given to P.W.2 on 01.10.2011. P.W.7 has spoken about the treatment given to the deceased at Manipal Hospital on the date of occurrence. P.W.10 has spoken about the subsequentment treatment given to the deceased at the Salem Government Hospital and the death of the deceased. P.W.8 has stated that he recorded the statement of P.W.1 and handed over the same to P.W.9. P.W.9 has stated that she registered a case on the complaint of P.W.1. P.W.12 has spoken about the post-mortem conducted and his final opinion regarding the cause of death. P.W.13 has spoken about the investigation done and the final report filed.