G SIVALINGAM Vs. STATE

JUDGEMENT

(1.) THE appellant/sole accused was tried in S.C.No.82 of 1997 on the file of the learned Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Vellore. By the judgment dated 24.11.1998, he was found guilty of the offences under Sections 302 and 323 IPC and sentenced to undergo life imprisonment and three months rigorous imprisonment respectively which shall run concurrently. Challenging the said conviction and sentence, the present appeal has been filed.

(2.) THE deceased is nonetheless the wife of the appellant/accused. P.W.9 is their daughter. THE foundation for the prosecution was laid by P.W.1, based on her statement, Ex.P.1, recorded by P.W.2, the Village Administrative Officer of Moothur on 26.9.1996 at 8.30 p.m., the FIR in Crime No:530 of 1996 was registered by P.W.14, Head Constable attached to the Arakkonam Rural Police Station, the respondent herein, for the offence punishable under Sections 302 and 323 IPC on the same day at 10.30 p.m.,

(3.) P.W.17, the Deputy Civil Surgeon attached to Arakkonam Government Hospital, conducted postmortem on the dead body of the deceased on 27.9.1996 and issued Ex.P.16, Post-mortem certificate. The following internal and external injuries were found by the Doctor:- "External Injuries: