KUMAR Vs. STATE

JUDGEMENT

(1.) THE sole accused, Kumar, has come forward with this appeal challenging the Judgment of conviction and sentence passed by the learned Principal Sessions Judge, Salem, dated 18.11.2005 made in S.C.No.148 of 2005 convicting the appellant for the offence under Section 302 IPC and sentencing him to life imprisonment and also imposing a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment and convicting him under Section 449 IPC and sentencing him to seven years rigorous imprisonment and imposing a fine of Rs.1,000/-, in default, to undergo six months simple imprisonment.

(2.) THE occurrence in this case is shown to have taken place on 21.07.2004 at about 9.15 a.m. at the house of the deceased as the accused is the paramour of the deceased and as the deceased left the accused along with her children to the house of P.W.1, the accused abusing the deceased that he has taken care of her and her children, but she has gone and joined with P.W.1 assaulted her with a cot frame, M.O.1, on her head and as such the deceased died on the same day at 4.20 p.m. in spite of the treatment given to her at the Salem Government Mohan Kumaramangalam Hospital.

(3.) WHEN the accused was questioned under Section 313 Cr.P.C. in respect of the incriminating circumstances appearing against him, the accused denied each and every circumstance as contrary to the facts and stated that he has been falsely implicated in this case. The accused has not chosen to examine any witness on his side.