K VEERABATHIRAN Vs. STATE AND ORS

JUDGEMENT

(1.) The appellant is the sole accused, in S.C.No.112 of 2010, on the file of the Principal District and Sessions Court, Krishnagiri. He stood charged for an offence under Section 302 I.P.C. By the judgment, dated 21.06.2012, the trial Court had convicted the accused for an offence under Section 302 I.P.C., and sentenced him to undergo imprisonment for life. No fine was imposed. Challenging the said conviction and sentence, the accused/appellant is before this Court with this Criminal Appeal.

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

(3.) Based on the above materials, the trial court had framed a charge, under Section 302 I.P.C. The accused had denied the charges. In order to prove the charge, on the side of the prosecution, as many as 11 witnesses were examined, 18 documents were marked and 6 material objects were also marked. Out of the said witnesses, P.W.1 has spoken about the Extra Judicial Confession given to him by the accused, at 7.30 a.m., on 6.11.2009. P.W.2 has spoken about the postmortem conducted and he has given his opinion about the cause of death of the deceased. P.W.3 is the forensic expert, who has stated that when he had examined the internal organs of the deceased, he had found no poison in the same. P.W.4 is the mother of the deceased. She has stated about the marriage between the accused and the deceased and the frequent quarrels which used to take place between them. She has stated that, on the receipt of the telephonic message about the occurrence, she had gone to the place of occurrence and she had found the dead body of the deceased. P.W.5 and P.W.6 had turned hostile and they have not supported the case of the prosecution, in any manner. P.W.7 is the Head Clerk of the jurisdictional Magistrate court, who has stated that the internal organs of the deceased were sent for medical examination, based on the requisition from the Inspector of Police, Burgur Police Station. The report is Ex.P-13. P.W.8, has spoken about the registration of the case. P.W.9 has spoken about the fact of his handing over the dead body of the deceased for postmortem. P.W.10 is the resident of the village, where the occurrence had taken place. She had stated that on one occasion, when she had told the accused not to quarrel with the deceased, the accused had stated that he had decided to kill the deceased. P.W.11 has spoken about the investigation and the laying of the charge sheet.