SUBBAN @ THEERTHAGIRI Vs. STATE AND ORS

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.86 of 2014 on the file of the learned Principal Sessions Judge, Dharmapuri. He stood charged for offences under Sections 302 I.P.C., and 25 (1-B) (a) of Indian Arms Act. By judgment dated 22.12.2015, the trial Court convicted the accused under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months for offence under Section 302 I.P.C., and to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 25 (1-B) (a) of Indian Arms Act. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

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

(3.) P.W.1 is the son of the deceased. P.W.2 is the wife of P.W.1 and P.W.3 is the wife of the deceased. They have spoken that the deceased had gone to the forest in the morning on 07.03.2013 for hunting. Since, he did not return, till 5.00 pm on the same day, they went in search of the deceased. On the next day morning, about 7.00 am, in the forest area, they found the dead body of the deceased with gun shot injury. P.W.1 suspected that the deceased would have killed only by this accused. Therefore, he went to the Harur Police Station and made a complaint at 12.00 noon on 08.03.2013. P.W.11, the then Sub Inspector of Police, Harur Police Station on receipt of the said complaint registered a case in Crime No.196/2013 for offences under Sections 302 I.P.C., r/w 25(1)(A) of the Indian Arms Act. Ex.P.1 is the complaint and Ex.P.11 is the F.I.R. He forwarded both the documents to Court which were received by the learned Judicial Magistrate at 6.00 pm on 08.03.2013.