G KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment of the learned Principal Sessions Judge, Salem, dated 15.06.2006 made in S.C.No.422 of 2005 convicting the sole accused/ appellant for the offence under Section 302 I.P.C. and sentencing him to life imprisonment and also to pay a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment.

(2.) THE accused faced the trial under the following backdrop:-

(3.) PER contra, Mr. N.R. Elango, learned Additional Public Prosecutor, contended that the prosecution has proved its case by adducing clear and cogent evidence through the eye witnesses, P.Ws.1 and 3. It is submitted that the prosecution also proved the motive, as the same is mentioned in Ex.P-1, report, itself. The learned Additional Public Prosecutor would further contend that the evidence of the eye witnesses, P.Ws.1 and 3, is also corroborated by the evidence of P.W.2, as he has spoken about the wordy quarrel between the accused and the deceased. It is pointed out that the evidence of the eye witnesses, P.Ws.1 and 3, is also corroborated by the medical evidence through the doctor, P.W.5, as it is opined by the Doctor that the deceased died as a result of asphyxia due to strangulation. Therefore, it is submitted that the prosecution has proved its case in all aspects beyond reasonable doubt against the accused.