KAMSALA Vs. STATE

JUDGEMENT

(1.) - The appellant-Kamsala (A1) was put on trial along with one Deivasigamani (A2) in S. C. No. 376 of 2004 on the file of the Principal Sessions judge, Cuddalore and was found guilty, convicted and sentenced to undergo three years rigorous imprisonment and also to pay a fine of Rs. 500, in default to undergo rigorous imprisonment for three months for the offence under Section 364ipc and to undergo imprisonment for life and also to pay a fine of Rs. 1,000, in default to undergo rigorous imprisonment for one year for the offence under Section 302 r/w 34 IPC and to undergo rigorous imprisonment for four years and also to pay a fine of Rs. 500, in default to undergo rigorous imprisonment for three months for the offence under Section 201 r/w 302 IPC and the sentences shall run concurrently.

(2.) THE case of the prosecution in brief is as follows:

(3.) AT about 10. 00 a. m. , on 13. 07. 2004, one thiru Rathinavel, Assistant to the Village administrative Officer of Mangalampettai, informed him that he saw the dead body of a child aged about 5 years in the well belonging to one Sukkurbai. On receipt of such information, the Village Administrative officer, PW9 went to the place and also found the dead body floating in the water. Immediately, he lodged the complaint, Ex. P6 at 10. 30 a. m. , to PW14, the Sub-Inspector of Police attached to Mangalampettai police Station, who registered the said complaint in Cr. No. 142/2004 for the offence under Section 174 Cr. P. C. The printed First information Report is Ex. P14. Thereafter, pw 14 went to the place and prepared an observation Mahazar Ex. P15 and also drew a rough sketch, Ex. P16 in the presence of witnesses. He made arrangements for the photographs to be taken and he conducted inquest on the dead body of the child in the presence of Panchayatars and witnesses and prepared the inquest report, Ex. P17. Thereafter, he made arrangements for conducting autopsy and for the said purpose he sent the body through the Police Constable to Government Hospital, Vridhachalam along with a requisition, Ex. P7 to the doctor for conducting post-mortem.