PAPPAN ALIAS MARUTHACHALAM Vs. STATE

JUDGEMENT

(1.) THE accused in Sessions Case No.35 of 2005 on the file of the learned Principal District and Sessions Judge, Coimbatore, having been convicted for the offence punishable under Section 302 and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for six months, with reference to an occurrence said to have taken place on 17.2.2004 at 6.00 p.m. in front of the house of the accused at Karupparayan Nagar, viz., the accused caused the death of one Selvaraj, within the jurisdiction of the respondent police station, has preferred the above appeal.

(2.) AS per the charge framed by the trial Court, it is alleged that the deceased Selvaraj was suspecting the fidelity of his second wife Karunaimmal, who is the younger sister of the accused and used to quarrel with his second wife and the accused frequently; that on 17.2.2004, at 6.00 p.m. the deceased came to the house of the accused at Karupparayan Nagar and picked up quarrel; and that the accused with an intention to murder the deceased, went inside the hut, brought koduval and inflicted cut injuries on him and the deceased succumbed to the injuries and thereby committed an offence punishable under Section 302 I.P.C.

(3.) LACERATION measuring 2x0.5x0.5cm over upper part of left side of neck. Important structures of the neck carotid. Jugular, Larynx, above hyoid oesophagus all re transacted. Wound No.1 grievous injury." Ex.P14 is the Postmortem Certificate. The Medical Officer opined that the death of the deceased is due to shock and haemorrhage due to injuries to the vital organs, major vessels, carotid, jugular and larynx and oesophagus 12 to 18 hours prior to autopsy.