BASKARAN Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment of conviction and sentence passed against the sole accused by the learned Additional Sessions Judge, Fast Track Court, Namakkal in S.C.No.15 of 2006. He was convicted under Section 302 of I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for 6 (six) months for the offence under Sec.302 of I.P.C.

(2.) THE case of the prosecution as put forth before the trial court is as follows:-

(3.) THEREAFTER, as the preliminary investigation revealed that it was the case of murder, P.W.16, the Deputy Superintendent of Police transferred the investigation to the Inspector of Police, P.W.18 for further investigation. Then, P.W.18 Inspector of Police, took up further investigation from the point where the Deputy Superintendent of Police left the investigation. He altered the offence to one under Section 302 of I.P.C., sent the express alteration report to the Judicial Magistrate concerned. He examined the witnesses. At about 9.00 a.m., on 29.03.2005, he arrested that accused near Morepalayam bus stand, recorded his voluntary confession in the presence of P.W.14 and another, pursuant to the admissible confessional statement of the accused, Ex.P.12 he rushed to the house of the accused at about 11.00 a.m. Where the accused handed over Green colour designed mat, M.O.7; hammer, M.O.15; brown coloured bed-sheet, M.O.14; stainless tumbler, M.O.13; and also gold stud (studded with a stone), M.O.5; " sovereign gold talisman, M.O.3 (series); " sovereign gold thali pottu,M.O.2; and 5 gram sleeping pills (series), M.O.16 under the cover of the mahazar Ex.P.13. He examined the attesting witnesses and recorded their statement. THEREAFTER, at about 11.30 a.m. He further recovered the legs of the cot, M.O.17 and nylon tape M.O.18, measuring about 200 feet knitted in the cot under the cover mahazar, Ex.P.20 in the presence of the very same attesting witnesses under the cover of mahazar. Then, he sent the material objects to the court. THEREAFTER, he examined the formal witnesses and recorded their statement. P.W.18, upon completion of his investigation and after having perused the records, laid the final report on 06.06.2005 as against the sole accused for the offence punishable under Sec.302 of IPC for having murdered his wife.