STATE : Vs. BALACHANDRAN ALIAS VICHU

JUDGEMENT

(1.) THE State has preferred this appeal, challenging the judgment of acquittal dated 04.03.2005 passed by the learned III Additional Sessions Judge, Chennai, in S.C.No.596 of 2003, acquitting the accused for the offence under Sections 451, 302 and 380 IPC.2.1. THE occurrence in this case is shown to have taken place on 17.03.2003 morning at the house of the deceased, Dharanishankar at No.12/24, Ramanuja Garden Street, Pattalam, Chennai - 12. THE accused is said to have strangulated the deceased with the telephone receiver wire and also pressed on the face of the deceased with lungi and bed sheet causing suffocation resulting the death of the deceased and thereby liable to be punished under Sections 302 and 451 IPC.2.

(2.) IN pursuance of the same occurrence, the accused is said to have taken gold ring, bracelet, VCD cassette worn by the deceased and also taken the chain and wrist watches from bureau and thereby liable to be punished under Section 380 IPC.

(3.) WHEN the accused was examined under Section 313 Cr.P.C. in respect of the incriminating materials appearing against him through the evidence adduced by the prosecution, the accused denied each and every circumstance as contrary to the facts and stated that he has been falsely implicated in the case. The accused has not chosen to examine any witness on his side.