C KANNAN Vs. STATE

JUDGEMENT

(1.) FOR having committed an offence of exorcise, the appellant was found guilty under Section 302 I.P.C. and was convicted and sentenced to imprisonment for life and was also directed to pay a fine of Rs.1,000/- with a default sentence by judgment dated 24.4.2007 in Sessions Case No.282 of 2006 on the file of Principal Sessions Judge, Chengalpattu and aggrieved by the said conviction and sentence, the present appeal has been brought forth by the appellant.

(2.) THE charge leveled against the appellant is that on the mid night of 3.10.2004, due to desperation on account of not having any issues out of his wedlock with Jothi, the deceased, and getting annoyed at her for not permitting him to remarry another girl, with intention and knowledge, pursuant to a quarrel on the issues, stabbed on her neck with a knife, resulting in her death and thereby, committed an offence under Section 302 I.P.C.

(3.) MR. Shanmuga Boopathi, learned counsel for the appellant/accused took us to the contradictions in the evidence of P.W.1 and other witnesses as well as in the inquest report, Ex.P.14 and post-mortem report, Ex.P.11, with regard to the injury which proved to be fatal as well as the presence of food particles in the stomach of the deceased, contends that the trial Court has erred in appreciating the evidence in proper perspective and hence, the appellant/accused is entitled for acquittal. Alternatively, he also argues for modification of conviction by giving him the benefit of Exception 1 to Section 300 I.P.C. on the ground of sustained provocation.