SELVAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellant, sole accused in the case was convicted for an offence punishable under Sections 376, 312, 302 and 307 IPC and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for 6 months under Section 376 IPC, sentenced to undergo imprisonment for life and also to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for 6 months under Section 302 IPC, sentenced to undergo rigorous imprisonment for three years under Section 312 IPC, and sentenced to undergo rigorous imprisonment for 7 years and also to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for 6 months under Section 307 IPC. All the sentences were directed to run concurrently. Aggrieved against the conviction and sentence, the present appeal is preferred.

(2.) AS per the charges framed, it is alleged that the accused/appellant is the brother of the deceased born through the first wife of her father and during April 2004, by threatening the deceased by stating that he will expose the illicit intimacy of her mother with one Krishnamoorthy, committed rape against her will and thereby committed the offence punishable under Section 376 IPC. During July, 2004 in view of the illicit intimacy of the accused with the deceased, she became pregnant and the accused took the deceased to a Doctor and her pregnancy was aborted without her knowledge and against her will and thereby committed an offence punishable under Section 312 IPC. On 1.2.2005, at 1.15 p.m., at the time when the deceased was sitting in a Bus which was stationed at the old Bus Stand, Salem, along with P.W.17, her family friend, the accused poured Acid on the deceased as well as P.W.17, in the result, she sustained injuries all over the body and thereafter she was admitted in the Government Hospital, Salem and Coimbatore and in spite of treatment given, succumbed to those injuries on 25.2.2005 at 10.20 a.m., and thereby committed offence punishable under Section 302 IPC. During the course of same transaction, on 1.2.2005, at the time when the Acid was thrown on the deceased, it was also thrown on P.W.17, who sustained burn injuries on his left hand, left leg, left elbow and thereby committed offence punishable under Section 307 IPC. After framing of the charges, when the accused was initially questioned by the trial court, the accused pleaded innocence and therefore the trial of the case was taken up. The prosecution examined PWs.1 to 27 and marked Exs.P.1 to P.44 and produced Material Objects 1 to 23 to substantiate the case of the prosecution.

(3.) P.W.27, Inspector of Police, on receipt of the case in Crime No.6/2005 from P.W.25, conducted further investigation and examined the witnesses. On 29.4.2005, the accused was produced by P.W.24, Village Administrative Officer, Salem after his surrendering before P.W.27, Tahsildar, Salem. On 3.20 p.m., on production the accused, in pursuance of his voluntary statement, a plastic can with sulphuric acid was recovered. Thereafter, the accused was sent for judicial custody. During the course of investigation, Ex.P.2, letter of undertaking given by the accused was recovered from P.W.1. The accused was subjected to potency test. The plastic can was sent for receiving opinion from the chemical analyst. The Medical Officer who attended the deceased were examined. The Medical Officer, who conducted the test on the deceased with regard to her age and as to whether she was subjected to sexual intercourse, issued reports and opinion under Exs.P.25 and P.30.