RAJENDDRAN Vs. STATE

JUDGEMENT

(1.) This appeal arises against judgment of learned Sessions Judge, Mahila Fast Track Court, Namakkal, passed in S.C. No. 89 of 2015 on 12.04.2017, convicting appellant/accused for offences under section 302 IPC and sentencing him to life imprisonment and fine of Rs. 2,000/- i/d 6 months Rigorous Imprisonment.

(2.) The case of the prosecution is that the deceased Palaniammal is the daughter of PW-1. On 29.09.2013, when PW-1 was assaulted by the appellant/accused, the deceased came and enquired the accused. At that time, the accused got enraged and attacked the deceased with coconut leaf stalk (Thenna Mattai). As a result, she succumbed to the injury.

(3.) Though prosecution examined 15 witnesses, except the official witness all are turned hostile, even in cross-examination of those witnesses nothing could be elicited by the prosecution in support of their case. Though the medical officer noted the stab injury on the neck of the deceased and opined that the deceased died out of the homicidal injury, the prosecution has established the nature of the weapon allegedly used by the appellant/accused causing stab injury. Be that as it may, there is no evidence available on record, except the alleged recovery made by the Investigation Officer. The materials produced by the Investigation Officer also does show any incriminating materials as against the accused. When there is no substantive evidence available on record, it is highly unsafe to base a conviction merely on the surmise and conjuncture.