NAGENDRAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused, who stands convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months by the judgment dated 23.9.2003 passed by the learned Additional District and Sessions Judge, Vellore made in S.C.No.58 of 2001.

(2.) THE appeal arises under the following circumstances:-

(3.) P.W.16, continuing with his investigation, went to the scene of occurrence and prepared the Observation Mahazar, Ex.P-2 and also drew rough sketch, Ex.P-17 in the presence of witnesses. He examined the other witnesses and recorded their statements. He examined the doctors, P.Ws.10 & 11 and the Judicial Magistrate, Gudiyatham-P.W.9 on 1.1.2000 and recorded their statements. On receiving information as to the whereabouts of the accused on 4.1.2000, he went to Kothamarikuppam village at about 8.00 a.m., and arrested the accused in the presence of P.Ws.7 & 8. In pursuance of the admissible portion of the confession of the accused under Ex.P-18, he recovered the 5 litres plastic kerosene can, M.O.1 in the presence of the same witnesses under the mahazar, Ex.P-19. He brought the accused and the seized material object to the Pernampet police station at 12.00 noon and remanded him to judicial custody. He examined P.W.1 and recorded her statement. He examined the post-mortem doctor and recorded her statement. He thereafter transferred the investigation to P.W.17.