KANDAN Vs. STATE

JUDGEMENT

(1.) THE appellant, who is the husband of the deceased was convicted for the offence punishable under Section 302 IPC and under Section 302 read with 201 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/=, with default sentence for the offence under Section 302 IPC and sentenced to undergo 7 years rigorous imprisonment and fine of Rs.5000/= with default sentence for the offence under Section 302 r/w.201 IPC.

(2.) AS per the charges framed against the accused, on 10.12.2003 between 10.30 and 11.00 pm, the accused due to family misunderstanding with his wife had alleged to have strangulated her and committed her death and thereby committed the offence punishable under Section 302 IPC. During the course of the same transaction, the dead body of the deceased was hanged in a tree and shown as if the deceased committed suicide and thereby committed offence punishable under Section 201 IPC. Initially, when the accused was questioned by the trial Judge, the accused denied complicity of the commission of the offence and pleaded innocence. Therefore the trial of the case was taken up by the Sessions Judge. To substantiate the offence committed by the accused, the prosecution examined P.Ws 1 to 10 and marked Exs.P.1 to P.24 and produced M.Os.1 to 19.

(3.) HE issued the Postmortem Certificate Ex.P.17. HE has opined that Hyoid bone is intact, ligature mark found in the skin antemortem and no poison detected in viscera as certified by the regional forensic science laboratory. HE has given the final opinion that the deceased would appear to have died due to strangulation and asphyxia due to strangulation.