GOPAL Vs. STATE REP. BY THE INSPECTOR OF POLICE, MACHINAKUDI POLICE STATION, KOODALUR, THE NILGIRIS DISTRICT. (CRIME NO.86 OF 2013)

JUDGEMENT

(1.) The revision petitioner is the sole accused in S.C.No.45 of 2013 on the file of the learned Sessions Judge, Mahila Sessions [Fast Track] Court, Uthagamandalam. Challenging the conviction and sentence imposed on him by the trial court for offence under Sec. 302 of IPC, he has come up with this criminal revision petition.

(2.) The deceased in this case was one Mrs.Lakshmi. The revision petitioner/accused is her husband. There was misunderstanding between the accused and the deceased. It is alleged that on 09.06.2013 at 05.00 a.m., when the deceased was sleeping, the accused killed her by throwing a grinding stone on her head and also by strangulating her neck with a cloth. The respondent investigated the case and filed final report against the accused alleging that the accused had committed offence punishable under Sec. 302 of IPC.

(3.) On committal, cognizance was taken by the learned Principal Sessions Judge of The Nilgiris Division and was thereafter made over to Fast Track Mahila Sessions Court, Udhagamandalam. On 08.08.2014, the trial court framed a lone charge against the accused under Sec. 302 of IPC. The said charge was read over and explained to the accused. When the court asked the accused as to whether he pleaded guilty of the offence or he claimed to be tried, he pleaded guilty and the same was recorded by the learned Judge. Thereafter, no witness, either on the side of the prosecution or on the side of defence was examined and no documentary evidence was also let in. Finally, by judgement dated 20.08.2014, acting on the said plea of guilty made by the accused, the trial court convicted him under Sec. 302 of Penal Code and sentenced him to undergo imprisonment for life. The accused has been in prison initially as an under trial prisoner and now as a convict prisoner.