CHANDRAN Vs. STATE

JUDGEMENT

(1.) THE accused stands convicted for offence under Section 379 of the Indian Penal Code and sentenced to undergo three years rigorous imprisonment. He was also convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- with default sentence. All the sentences have been ordered to run concurrently. Aggrieved by the aforesaid verdict of conviction and sentence, the accused has preferred the present appeal.

(2.) THE charge is that the accused, who developed illicit intimacy with the deceased Annakodi, robbed away the jewels worn by the deceased when she was found fainting after taking liquor on 6.12.2000 and thereby he committed the offence punishable under Section 379 of the Indian Penal Code. During the course of the same transaction, the accused with an intention to cause the death of Annakodi, smothered and strangulated her to death and thereby he committed the offence punishable under Section 302 of the Indian Penal Code.

(3.) RAMDOSS " P.W.8 lives in Kattukottaipudur. On 6.12.2000 at about 7.15 a.m. he boarded a bus bound for Vadachennimalai at Attur bus stand. One Thangavel also boarded the bus along with him. The accused got into the bus. A female flower vendor also was found travelling in the very same bus. The accused and the said female flower vendor were talking with each other in the bus. At about 8.30 a.m., the accused and the said flower vendor alighted the bus at Vadachennimalai. Thereafter, at 12 noon on the very same day, P.W.8 came to the tea shop for taking tea. He witnessed the accused coming all alone.