AMBEDKAR Vs. STATE

JUDGEMENT

(1.) - This appeal is directed against the judgment dated 21. 2. 2006 in SC No. 117 of 2005 of the Additional District-cum-Sessions Judge, (Fast Track Court), Namakkal, convicting and sentencing the sole accused to undergo life imprisonment and pay a fine of Rs. 5,000 in default to undergo SI for six months for the offence under Section 302 I. P. C. and for the offence under Section 304 (2) I. P. C. sentencing him to undergo R. I. for seven years and to pay a fine of Rs. 2,000 in default to undergo S. I. for three months. The substantive portion of the sentences are directed to run concurrently.

(2.) THE case of the prosecution is as follows: pw1 is living at Vellavari Street, namakkal, along with his paternal uncle's family. He had two sisters and one brother. As his father and mother died during his childhood, all of them were brought up by their paternal uncle in his house. His elder sister kanagavalli is unmarried and his younger sister Karpagavalli got married to the accused two and half years prior to the date of the occurrence. They are also living in the same street. They have one and half year old daughter by name Aswini. His sister and her husband used to quarrel often regarding family matters. On 27. 10. 2004, upto about 7. 30 p. m. , Karpagavalli went back to her house from their paternal uncle's house. Around 9. 30 p. m. when PW1 was at the house of his paternal uncle, the accused came carrying the child aswini with burn injuries and gave it to his paternal mother saying the child caught fire and ran. PW1 and his paternal aunt took the child to Government Hospital, namakkal, and got it admitted there. They came back to his sister house and saw Karpagavalli lying dead with burn injuries. When enquired, neighbours informed PW1 that the accused had murdered Karpagavalli and had run away.

(3.) THE learned Additional and Sessions court, Namakkal, which tried the case, had come to the conclusion that the prosecution had proved its case and passed an order of conviction and sentence as stated above.