R. ARUMUGAM Vs. STATE

JUDGEMENT

(1.) Appellant/Accused has filed the Criminal Appeal, challenging the judgment, dated 31.08.2015, in S.C.No.69 of 2014 on the file of learned Sessions Judge, Fast Track Mahila Court, Karur, in and by which, he was convicted for offences under Sections 449 and 394 r/w 397 I.P.C. and sentenced to undergo 10 years R.I. and fine of Rs. 1,000/-, in default, 3 months S.I. for each offence and also for offence under Section 302 IPC and sentenced to undergo life imprisonment and fine of Rs. 1,000/-, in default, 3 months simple imprisonment.

(2.) The prosecution case is that the appellant/accused unlawfully entered the house of deceased on 07.08.2011 at about 7.30 p.m. and caused her death by dealing blows to her head with an iron rod and did away with the jewels worn by her. The deceased was initially taken to Amaravathy Hospital, Ramanujam Nagar, Karur in unconscious state and thereafter to Kovai Medical Centre Hospital on 08.08.2011 at about 12.15 a.m. and eventually she died at such hospital on 14.10.2012 at about 3.30 a.m.

(3.) On information, P.W.19, Sub-Inspector of Police, Karur Town Police Station went to Karur Amaravathi Hospital on 07.08.2011 at 9.15 p.m. and recorded the statement of P.W.1, husband of the deceased, registered the complaint in Crime No.976 of 2011 under Section 394 IPC and prepared Ex.P.14 FIR. P.W.20, Inspector of Police took up investigation, went to the scene and prepared observation mahazar Ex.P.2, as also rough sketch Ex.P.15. Thereafter, he was transferred. After the death of the deceased P.W.22 - Inspector of Police altered the F.I.R. from 394 I.P.C. to 302 and 380 I.P.C. under alteration report Ex.P.6. On 14.10.2011 at 9.45 a.m. he conducted inquest over the body of the deceased and prepared Ex.P.17 - Inquest Report and sent the body to Coimbatore Government Medical College Hospital, Coimbatore through PW-15 Grade I Police Constable for post-mortem. The Post-mortem Report is Ex.P11. P.W.21 - Inspector of Police arrested the accused in connection with Crime No.233 of 2012 on the file of Velliyanai Police Station for offence under Section 394 I.P.C. and recorded his confessional statement regarding this case and recovered M.O.2. Thereafter, he sent intimation to the respondent police regarding arrest of the accused and recovery of M.O.2 and forwarded the accused for judicial custody. Thereafter, P.W.22 sought and obtained police custody and recorded his confession statement in the presence of P.W.7 - V.A.O. Chenguttuvan and another and recovered M.O.1 - Thallikodi and M.O.3 Iron rod. After his transfer and upon completion of investigation, P.W.23 filed a charge sheet informing commission of offences under Sections 394 r/w 397 and 302 I.P.C. on 14.03.2013. On committal, the case was tried in S.C.No.69 of 2014 on the file of learned Sessions Judge, Fast Track Mahila Court, Karur Before trial Court, prosecution examined 23 witnesses and marked 19 exhibits and 7 material objects. None were examined on behalf of defence nor were any exhibits marked.