PRAKASH Vs. STATE REP BY INSPECTOR OF POLICE, METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT. (CR.NO.464 OF 2012)

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No.271 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore. He stood charged for offences under Sections 302 and 404 I.P.C. By judgment dated 27.02.2015, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and pay a fine of Rs.10,000.00 in default to undergo simple imprisonment for six months for offence under Sec. 302 I.P.C. and to undergo rigorous imprisonment for three years and pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for three months for offence under Sec. 404 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.) The deceased in this case was one Ammu @ Venkateswari aged about 25 years. P.W.4 is the mother of the deceased. The deceased was residing with her mother at Kanniyur Village near Udumalpet in Coimbatore district. The accused is a relative of the deceased. The deceased was doing B.Ed. Degree course in J.S.R. College in Coimbatore. On account of the close relationship, P.W.4 and her family members used to visit the house of the accused. After the demise of her husband in the year 2008, the father of the accused informed P.W.4 and her daughter to come and reside at Chamundipuram village in Tiruppur district. P.W.4 and the deceased during the month of May, 2009 visited Chamundipuram and stayed for about ten days. Then, they returned to their native place. Three months after the same, when they visited the house of the accused, P.W.4, accidentally came to read the diary of the accused. In that diary, the accused had written that he had fallen in love for the deceased. This was not to the liking of P.W.4. She warned the accused not to have such an impression.