MOORTHY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal has been filed by the sole accused against the judgment passed in S.C.No.57 of 2017 dtd. 29/12/2017 on the file of the Additional Sessions Judge / Fast Track Mahila Court, Karur, wherein the petitioner was convicted for the offence under Sec. 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.1000.00, in default to undergo three months simple imprisonment.

(2.) The case of the prosecution is that the accused person was a Subscriber of a chit that was conducted in the village. He used to get money from P.W.3 to pay the chit. But, he did not repay the amount to P.W.3. The deceased Karuppayee Ammal therefore prevented her husband, who is P.W.3 from paying any amount to the accused person and as a result, there was a previous enmity between the deceased and the accused person. On 16/9/2016, between 18.30 hours and 19.30 hours, the accused person went to the house of the deceased and called her husband-P.W.3. At that time, the deceased came out of the house and informed him that her husband is not available in the house and she is said to have shouted at the accused asking him why he had come to the house. The accused person is said to have asked money to the deceased. At that point of time, the accused person is said to have caught hold of the hair of the deceased and dragged her into the house and pushed her down and stabbed with a knife over her throat and caused her death on the spot.

(3.) P.W.3 after coming to know of the incident, informed the same to P.W.1, who is the son of the deceased. P.W.4 also came and saw the deceased lying in a pool of blood. Hence, P.W.1 gave a written complaint (Ex.P.1) to the Inspector of Police on duty and an FIR (Ex.P. 16) came to be registered in Crime No.267 of 2016 for the offence under Sec. 302 of IPC at about 09.00 p.m. P.W.17 handed over the express FIR to the concerned Court at 11.05 p.m.