LAWS(MAD)-2018-3-592

KANNADASAN Vs. STATE REP BY INSPECTOR OF POLICE

Decided On March 22, 2018
KANNADASAN Appellant
V/S
STATE REP BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) Originally, the appellant/accused was convicted for the offence u/s.302 IPC and was sentenced to undergo life Imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months rigorous imprisonment in S.C.No.58 of 2013 on the file of the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu, under judgment dated 17.04.2017. The Trial Court ordered the detention period already undergone to be set off u/s 428 Cr.P.C. Aggrieved over the above conviction and sentence the present appeal came to be filed by the appellant.

(2.) The brief facts leading to the prosecution case is as follows:-

(3.) The accused was put on trial. In order to establish the case, the prosecution examined P.Ws.1 to 13 and marked Exs.P.1 to 13 and M.Os.1 to 7. On the side of the appellant/accused Dr.Lakshmipathi, Assistant Surgeon, Government Hospital, Chengalpattu was examined. It the version of D.W.1 that while admitting the deceased in the hospital it is stated that accidentally stove burst with kerosene at the time of cooking at 9.00 a.m. on 02.02012. He found at that time the patient was conscious. The accident register copy was marked as Ex.D.1 through him. After the examination of prosecution witnesses the accused was questioned under Section 313 Cr.P.C. with regard to the incriminating circumstances for which he denied the complicity. The Trial Court, after analyzing the evidence on record, convicted and handed down the sentence on the appellant/accused as stated above. Aggrieved over the same the present appeal has been filed.