JAYAPRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.249 of 2012 on the file of the III Additional Sessions Judge, Coimbatore. He stood charged for offences under Sections 449, 302 and 397 of IPC. The trial court, by judgement dated 30.01.2013, convicted the sole accused under all three charges and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/ - in default to suffer rigorous imprisonment for two years for offence under Section 449 of IPC; to undergo imprisonment for life and to pay a fine of Rs.10,000/ - in default to suffer rigorous imprisonment for five years for offence under Section 302 of IPC ; and to undergo rigorous imprisonment for seven years for offence under Section 397 of IPC. Challenging the said convictions and sentences, the sole accused has come up with this criminal appeal.

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

(3.) It is further alleged that on 03.03.2012, in the morning, P.W.1, as usual, wanted to go to the house of the deceased to meet P.W.3. P.W.2 also accompanied him. When they went to the house of the deceased, they found the accused opening the doors of the house of the deceased from inside the house and fleeing away from the scene of occurrence. When P.Ws.1 and 2 intercepted the accused, he pushed them aside and ran away. Sensing some untoward incident, they rushed into the house where they found the deceased lying with injuries in the dining hall of the house. P.Ws.1 and 2 sprinkled some water on her face and also tried to make her to regain consciousness. The deceased opened her eyes. When they enquired as to what had happened, the deceased told them that the accused had stabbed her and snatched away the gold thali chain. Soon she again slipped into unconsciousness. P.Ws.1 and 2 cried for help. The neighbours gathered. Within a short time, the deceased breathed her last. P.W.1 immediately contacted his brother [P.W.3] over phone and informed about the occurrence. P.W.1 also rushed to the place of occurrence.