SHANMUGASUNDARAM @ SHUNMUGAM Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) Aggrieved over the conviction and sentence under Section 306 IPC passed in S.C.No.145 of 2006, dated 12.10.2007 on the file of the Mahalir Neethirmandram, Tirunelveli, the present appeal is filed by the first accused.

(2.) The brief facts of the prosecution are as follows:-

(3.) P.W.10, Sub Inspector of Police had recorded a statement from the hospital and registered a case in Crime No.1437 of 2005 for the offence punishable under Sections 448, 294(b) and 506(i) IPC and examined the witnesses and recorded their statement and arrested the accused on 26.05.2005 and thereafter, after receipt of the death intimation from the hospital, he altered the case and forwarded the same to the Revenue Divisional Officer. In the meanwhile, P.W.12, Judicial Magistrate has recorded the dying declaration of the deceased in the hospital which is marked as Ex.P.1