KUMAR S/O. RAJENDRAN Vs. THE STATE

JUDGEMENT

(1.) This appeal arises against judgment of learned Sessions Judge, Fast Track Mahila Court, Namakkal, passed in S.C.No.60 of 2013 on 17.04.2017, convicting appellant/accused for offences under section 302 and 302 r/w 201 IPC and sentencing him to life imprisonment and fine of RS.5,000/- i/d 6 months R.I. for offence under section 302 IPC and 5 years R.I. and fine of Rs. 2,000/- i/d 2 months R.I. for offence under section 302 r/w 201 IPC.

(2.) Prosecution case is that deceased is the daughter of one Ramachandran. She was married to one Rajkumar and blessed with a male child. Differences arose between them and hence, they were separated. Thereafter, deceased developed relationship with appellant/accused, compelled him to marry her and he initially refused. Later, he married her in the presence of her parents, but refused to take her home. As the deceased repeatedly was compelling appellant/accused to take her with him, he, under the guise of taking her to his home, on 11.01.2012, took her to Kalyani canal at Navamarathukadu and asked her to sleep the night there. When the deceased was asleep, appellant/accused threw a stone on her head owing to which the deceased died instantaneously. In order to screen the offence, appellant/accused tore away the clothes of deceased, tied a stone to her hip and another to her neck and threw her body in a Well belonging to one Sadasivam. A case was registered in Crime No.41 of 2012 on the file of respondent under section 174 Cr.P.C. and later, altered to reflect offence under section 302 IPC. Upon completion of investigation, a charge sheet was filed informing commission offences under section 302 and 201 IPC before learned Principal District and Sessions Judge, Namakkal. On committal, the case was tried in S.C.No.60 of 2013 on the file of learned learned Sessions Judge, Fast Track Mahila Court, Namakkal. Before trial Court, prosecution examined 21 witnesses and marked 39 exhibits and 26 material objects. None were examined on behalf of defence nor were any exhibits marked.

(3.) PW-1, Village Administrative Officer, deposed that on 15.01.2012 at about 04.30 p.m., on obtaining information, over phone, from his Assistant that an unidentified body of a female was floating in the Well of one Sadasivam, went to the scene, saw the body and preferred Ex.P1, complaint. PW-1 deposed that thereafter, he again went to the scene with his Assistant and police personnel also reached the scene. An Inspector prepared observation mahazar, caused photographs to be taken, lifted the body of the deceased from the Well, recovered ropes used to tie stones to the hip and head of the deceased and sent the body to Government Hospital, Salem. PW-1 also deposed that on receiving information from police on 20.01.2012 that the body was identified, he along with police went to Government Hospital, Salem and inquest was conducted.