AMIRTHAM Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C.No.129 of 2007 on the file of the learned Principal District and Sessions Judge, Perambalur, Perambalur District. He stood charged for the offence under Section 302 of IPC. The accused denied the charges and opted for trial. After full fledged trial, the learned Principal Session Judge found her guilty of offences under Section 304 (ii) of IPC. The accused was accordingly convicted and sentenced to undergo 7 years rigorous imprisonment and to pay a fine of Rs. 5,000/- in default to undergo six months imprisonment. Challenging the said conviction and sentence, the accused is before this court with the present criminal appeal.

(2.) The case of the prosecution in brief as follows:-

(3.) After recording the confession, P.W.1 prepared a report under Ex.P.2 and thereafter, he produced the accused before the Inspector of Police along with the stone produced by the accused. Further he hand over the special report and extra Judicial Confession statement given by the accused to the police. On 25.11.2006 at about 12.00 noon P.W.9 Sivasubramanian, the then Inspector of Police, Perambalur, after receiving the confession statement of accused from P.W.1 he arrested the accused. Further, on receipt of the complaint given by P.W.1, he registered a case in Crime No.572 of 2006 under Section 302 of IPC. He recovered the stone produced by the P.W.1 which was used by the accused for attacking her husband. After registration of the case, he made arrangement for sending the accused to the judicial custody and thereafter he has visited the scene of occurrence. In the presence of P.W.4 Prabhakaran, P.W.8, one Selventhiran, he prepared observation Mahazar under Ex.P.7. Further, he drawn a rough sketch under Ex.P.9. He examined the witness and prepared inquest report under Ex.P.10, in the presence of the same witnesses, he recovered the blood stained soil, sample soil and one polister saree from the scene of occurrence. Thereafter the dead body was entrusted to hospital authorities for conducting autopsy.