M VEERAPPAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgement dated 17.10.2005, made in S.C.No. 37 of 2005, on the file of the learned Sessions Judge, Nagapattinam. By the impugned judgement, the appellant was found guilty for offences under Sections 302 and 201 IPC and accordingly, was convicted and sentenced to undergo imprisonment for life and also to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for one year for the former offence, and to undergo rigorous imprisonment for one year for the latter offence. The said conviction and sentence are under challenge in the present appeal.

(2.) THE prosecution case, as per the charge is that the accused Veerappan, on 10.6.2004, at 8.30 a.m., near the land on the eastern bank of Achakkarai Channel, with an intention to kill his wife Muthammal, strangulated her neck with the help of the saree worn by her, and caused her instantaneous death and thereby, committed the offence punishable under Section 302 IPC. In continuance of the same course of action, to conceal the commission of crime, the accused dragged the dead body of the deceased and put the same into the chanel water and thereby committed an offence punishable under Section 201 IPC.

(3.) ON conclusion of the examination of the prosecution witnesses as referred to above, when the accused was questioned under Section 313(1)(b) of the Criminal Procedure Code with regard to the incriminating materials appearing against him in the evidence of the prosecution witnesses, he denied each and every incriminating material as false and pleaded not guilty. However, no witness was examined and no document was marked on the side of the defence.