ANBU Vs. STATE

JUDGEMENT

(1.) THE accused is the appellant before this Court. THE accused was convicted for offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default to undergo six months rigorous imprisonment, was convicted for offence under Section 307 I.P.C. and sentenced to undergo imprisonment for seven years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six months and was also convicted for offence under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default to undergo three months rigorous imprisonment. All the aforesaid sentences were directed to run concurrently. Though the charge under Section 458 I.P.C. was framed as against the appellant, the trial Court has chosen to acquit the appellant of the aforesaid charge.

(2.) THE charge is that the accused, who is none other than the son of the first wife of the husband of the deceased on 19.6.2003 at about 4.00 a.m. committed house trespass and thereby committed an offence punishable under Section 458 I.P.C. During the course of the same transaction, the accused with an intention to cause the death of Indira attacked her on her head with a knife and caused her instantaneous death and thereby he committed the offence punishable under Section 302 I.P.C. In the course of the same transaction, he attempted to commit murder of his father Natarajan and his half brother Silambarasam with knife and thereby committed an offence punishable under Section 307 I.P.C.(2 counts).

(3.) AT about 4.00 a.m. on 19.6.2003, the accused attacked Indira with knife. P.W.1 raised alarm. The accused attacked him on his head and also on his left hand. P.W.2 woke up hearing the noise in the house. He was also attacked by the accused with knife M.O.1. They found Indira dead in a pool of blood. The accused fled away from the scene of occurrence. P.Ws. 1 and 2 were taken by D.W.1. first to the Gudiyatham Government Hospital and thereafter to Vellore Government Hospital for treatment.