ELUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant/Accused No.1 was tried along with Accused No.2 for the offence under Sections 364 & 302 IPC and was found guilty, convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 364 IPC and to undergo life imprisonment and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 302 IPC and both the sentences have been ordered to run concurrently by the judgment dated 20.7.2005 made in S.C.No.342 of 2004 passed by the learned Principal Sessions Judge, Salem. However, the learned trial Judge acquitted Accused No.2 of the charges under Sections 364 and 302 r/w 109 IPC. Challenging the conviction and sentence, the appellant has preferred this appeal.

(2.) THE facts of the prosecution case in brief are as follows:- THE deceased-Amudha is the daughter of the appellant, who will be hereinafter referred to as the accused. As the deceased intended to marry one Shankar, which was objected to by the accused, and in spite of the objection the deceased insisted for marrying the said Shankar, the accused, with the assistance of Accused No.2, kidnapped the deceased in a lorry bearing Regn.No.TN-07-AB-0734 on 7.1.2004 at 5.00 p.m., driven by Accused No.2, and murdered her and threw the body in the Manivilunthan lake.

(3.) P.W.7, Police Surgeon and Prof. of Forensic Medicine attached to Government Mohan Kumaramangalam Medical College & Hospital, Salem, commenced post-mortem on the body of the deceased at 10.15 a.m., on 9.1.2004 and he noted the following injuries:-