THIRUMURUGAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in Sessions Case No.130 of 2003 on the file of learned Additional District Sessions Judge, Fast Track Court No.I, Chingleput and he was tried for an offence punishable under Section 302 I.P.C. and convicted and sentenced to imprisonment for life. Aggrieved against the said conviction and sentence, the present appeal has been preferred before this Court.

(2.) ON initial questioning, the accused claimed innocence and therefore, after framing of charges, the trial of the case was taken up. The prosecution examined P.Ws.1 to 15 and marked Exs.P.1 to P.8 and M.Os.1 to

(3.) P.W.2 is the father of the deceased, who has stated that there was love affair between the deceased and one Komala, who is a neighbour in the same street. The deceased demanded P.W.2 for arrangement of his marriage with the said Komala, for which P.W.2 refused. Thereafter, a betrothal function was arranged for the girl with some other person on 27.1.2002. It is the further evidence of P.W.2 that the girl Komala complained to him that the deceased was disturbing her through phone and P.W.2 was alleged to have warned the deceased. Under such circumstances, on 4.2.2002, the deceased received a call in his cell phone and immediately, he went out of the house with a bag containing his dresses and thereafter, did not return back and on 5.2.2002, P.W.2 received the message from the police about the death of the deceased.