SANKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant, sole accused in the case was convicted for an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.3000/=, in default, to undergo 6 months S.I. Aggrieved against the conviction and sentence, the present appeal is preferred.

(2.) AS per the charge framed against the appellant, he was allegedly having illicit intimacy with the deceased who was staying alone near the Bhavani Sagar Dam Park. She was working in the said Park as a Sweeper. On 13.7.2006 between 2.00 pm., to 3.00 pm., the appellant took the deceased to her residence and indulged in quarrel demanding money and since the deceased refused to pay, assaulted her on her cheek, due to which she fell down. Thereafter, the appellant strangulated with her saree, in the result, she died and thereby committed the offence punishable under Section 302 IPC.

(3.) P.W.11 was working as an Assistant Engineer at Bhavani Sagar Dam Park where the deceased was working as a Sweeper. According to him, on 13.7.2006, the deceased attended the work and left the park at 12.00 noon for attending a function at the residence of her colleague, thereafter she did not turn out. On 18.7.2006, since she was continuously absent, he requested P.W.4, who is a casual labour in the same park to enquire about the absence of the deceased for 4 or 5 days. Accordingly, P.W.2, the sister of the deceased was contacted and on enquiry she replied that the deceased did not turn up to her place. P.W.2 in turn informed her brother P.W.1. P.W.1 enquired about the deceased with his relatives and at 5.00 pm., came to the residence of the deceased, which was locked outside, and since the kitchen window was also locked, on opening the window of the kitchen, he found the dead body of the deceased in a putrefied condition. Thereafter, he reported the same to the police. P.W.1 further stated in his evidence that after the death of her husband, the deceased was living alone and she was given the job in the Park on compassionate ground.