VIJAY BASKAR Vs. STATE

JUDGEMENT

(1.) The appellant, sole accused in S.C.No.119 of 2013 on the file of the learned Sessions Judge, Kancheepuram district at Chengalpattu, who, stood convicted for offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and pay a fine of Rs.50,000/- in default to undergo simple imprisonment for six months has come up with this appeal, challenging the said conviction and sentence.

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

(3.) When the above incriminating materials were put to the accused, under Section 313 of Cr.P.C., he denied the same as false. On the side of the accused three witnesses were examined. D.W.1 Dr.Vidya has stated that on 30.01.2013 at around 08.55 p.m. she was on duty at the Government Hospital at Tambaram. On that day the accused was brought before her by the respondent police in connection with Crime No.168 of 2013. When she examined him, she found that there were acid burn injuries on his right forearm. When she enquired, the accused told that accidentally the acid had fallen on his right forearm. Ex.D14 is the case sheet and Ex.D15 is the O.P. treatment given for the accused. D.W.2 has stated that he was a freelance photographer. He was a photographer in Nakeeran fortnightly during the period between 1983 to 2000. According to him, he had taken photographs Ex.D8 to D13 which were published in Nakeeran fortnightly. In the photographs the shop were the occurrence had taken place and the surrounding areas were found. D.W.3 is a forensic expert, having P.G. Degree in forensic medicine. She was in the forensic medicine department in various Government medical hospitals between 2008 2011. She has further stated that she got experience of conducting autopsy in about 2000 cases. She has further stated that she went through the medical records pertaining to the deceased issued by P.W.14. She has stated that in that medical record there was no specific mention as to the pieces of the dress material of the deceased where there were acid burns. She has further stated that if only the dress materials were sent for chemical examination, it can be stated whether the injuries were caused by acid or not. From the cites of the burn injuries, she has stated that acid should have been thrown on her when she was facing towards opposite direction. From the location of the injuries, according to her she did not find any defence injuries.