P THANGAVELU Vs. STATE

JUDGEMENT

(1.) THE appellant herein was tried by learned Additional District Sessions Judge, Fast Track Court No.5, Chengalpattu at Tiruvallur, in Sessions Case No.72 of 2001, for charges under Sections-302 and 201 I.P.C. THE learned trial Judge found the appellant/accused guilty as charged and sentenced him to undergo life imprisonment for the conviction under Section 302I.P.C. and to pay a fine of Rs.2,000/-, in default, to undergo imprisonment for six months; and three years R.I. for the offence under Section 201I.P.C. and a fine of Rs.1,000/-, in default, to undergo imprisonment for three months. THE sentences imposed were ordered to run concurrently. Aggrieved by the order of conviction and sentence passed by the trial Court, the accused has preferred the present Criminal Appeal before this Court.

(2.) ON 19.4.2000, at 2.30 A.M., the accused, who was residing in a hut at Edapattarai @ Padmanabhapuram Village which falls within the jurisdiction of R.K. Pettai Police Station, called his wife for sex and on her refusal, with an intention to cause death, assaulted her on the right cheek below the right ear by giving a violent fist and as a result thereof, she became unconscious. Thereafter, he strangled her by tying a rope around the neck and thereby caused death to her; hence, the trial Judge framed the first charge for an offence punishable under Section 302I.P.C. After committing the murder of the deceased, the accused carried the dead body to a nearby brook adjacent to the sand-quarry and buried the body with an intention to screen the offence committed by him; thus, the second charge under Section 201I.P.C. was framed, and the case was taken up for trial.

(3.) ON conclusion of the trial, the accused was questioned under Section 313Cr.P.C. with regard to the incriminating materials/circumstances adduced by the prosecution. The accused denied commission of the offence and pleaded innocence. No oral and documentary evidence was adduced by the defence. The learned trial Judge found the accused guilty and convicted and sentenced him as aforementioned. Hence, the present Appeal.