VELMURUGAN S/O PICHUMANI Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 39 of 2003 on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil, whereby he was charged for the offences under Sections 302 and 394 read with Section 397 IPC, tried thereunder, found guilty as per the charges and convicted and awarded with life imprisonment and also to pay a fine of Rs. 1,000/-, in default to undergo one year rigorous imprisonment for the former offence and seven years rigorous imprisonment and to pay a fine of Rs. 1000/-, in default to undergo one year rigorous imprisonment for the latter offence. Challenging the said conviction and sentence, the present appeal is before this Court at the instance of the accused.

(2.) The brief facts necessary, sans unnecessary facts, for the disposal of the appeal can be stated thus:

(3.) The case was committed to the Court of Session and necessary charges were framed. To substantiate the charges levelled against the accused, the prosecution marched 15 witnesses as P.Ws.1 to 15 and relied on 17 documents ,marked as Exs.P-1 to P-17 as well as ten material objects, marked as M.Os.1 to 10. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused denied them flatly as false. Though no defence witness was examined, one document, namely the Will dated 28.12.1989, was marked as Ex.D-1. The trial court heard the arguments advanced on either side, scrutinised the materials available and took the view that the prosecution has proved the case beyond reasonable doubt and found the accused guilty as per the charges framed, convicted him thereunder and imposed punishment as referred to earlier. Hence this appeal.