P GANESAN Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted for the offence under section 302 and 201 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default to undergo 3 years rigorous imprisonment for the offence under section 302 IPC; and sentenced to undergo 7 years rigorous imprisonment and to pay a fine of Rs.1,000/- and in default to undergo one year rigorous imprisonment for the offence under section 201 IPC and the sentences are to run concurrently. Against the said conviction and sentence the appellant has preferred this appeal.

(2.) THE case of the prosecution is that on 26.07.2003 at about 2.30 p.m., in order to take revenge against his first wife for the instance that took place twenty days prior to the occurrence, the accused-father of the deceased, took his 7 years old daughter to his house by giving her the sweet and throttled her neck with his right hand; at the same time closed the nose and the mouth with his left hand and thereby caused her death. In order to escape from the crime, the accused kept the dead body of the deceased inside the bureau and at 00.00 hours, he took the dead body of the deceased and buried her in a bush near Ponnusamykulam.

(3.) THE accused was questioned under Section 313 of Cr.P.C., as to the incriminating circumstances found in the evidence of the prosecution witnesses against him. He denied as false. No defence witness was examined, but the accused had filed a written statement.