RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant is A.1. He was put up on trial along with A.2 in S.C.No.51 of 2006 on the file of the learned Additional District and Sessions Judge, Tindivanam. By the judgment dated 10.1.2007, he was found guilty for the offences under Section 302 I.P.C. and under Section 3 read with 25(1-B)(a) of the Arms Act. He was sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three months for the offence under Section 302 I.P.C and to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/- and in default to undergo rigorous imprisonment for three months for the offence under Section 3 read with 25(1-B)(a) of the Arms Act. THE learned trial judge however acquitted A.2.

(2.) THE case of the prosecution is that P.W.1 is the father of the deceased and he is a resident of Nathamedu at Tindivanam. P.W.3 is the wife of P.W.1. P.W.4 is the daughter of the second accused and the sister of the first accused and the marriage between deceased and P.W.4 took place about eight years prior to the date of occurrence. From the date of marriage, both the deceased and P.W.4 were living separately in a house. THEre was often quarrel between the husband and wife and therefore P.W.4 left the marital house to join with her parents.

(3.) P.W.8, the Senior Civil Surgeon attached to the Government Hospital, Tindivanam on receipt of Ex.P.5 requisition conducted post mortem at about 1.00 p.m. on the body of the deceased, which was identified by P.W.13, the Head Constable. P.W.9 took M.Os.6 and 7 photographs on the chest portion of the deceased and had advised the Medical Officer to collect the tissues in and around the pellet injuries for analysis. P.W.8 noted the following injuries:-