THENNARASU Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.83 of 2012 on the file of the learned III Additional Sessions Judge, Vellore @ Tirupathur, Vellore District. He stood charged for offence under Section 302 of IPC. By judgement dated 2.08.2013, the trial court convicted him under Section 302 and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/ - in default to undergo simple imprisonment for three months. Challenging the same, the sole accused is now before this court with this criminal appeal.

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

(3.) P.W.1, meanwhile, took the deceased in an auto rickshaw to Thirupathur Government Hospital. It took half an hour for the auto to arrive. When they were proceeding to the hospital, the deceased breathed her last. Thereafter, P.W.1 went to Thirupathur Town Police Station and made a complaint at 08.30 a.m. on 05.10.2011 under Ex.P.1. P.W.13, the then Sub Inspector of Police, received the said complaint and registered a case in Crime No.1111 of 2011 under Section 302 of IPC. Ex.P.7 is the FIR. He forwarded both the complaint (Ex.P1) and the FIR (Ex.P.7) to the jurisdictional court, which were received by the learned Judicial Magistrate No.1, Thirupathur, at 11.00 a.m. on 5.6.2011. Thereafter, P.W.13 handed over the case diary to the Inspector of Police for investigation.