AMUDHA Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Fast Track Court I, Tindivanam, Villupuram District made in S.C.No,23 of 2008, dated 24.4.2008 whereby the first accused/appellant stood charged along with A-2 under Sections 302 IPC, tried and both of them found guilty under Section 302 IPC and awarded life imprisonment and to pay a fine of Rs.1000/-, in default to undergo 3 months R.I and also under Section 201 IPC to undergo Rigorous imprisonment for 5 years and to pay a fine of Rs.500/- in default to undergo Rigorous imprisonment for 3 months and the sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of these appeals can be stated as follows: a) P.W.1 is the elder brother of the deceased Perumal. A1 is the wife of Perumal. A1 had developed illicit intimacy with A2 and the family of PW1 and Perumal were living in the same place. But, they were living separately. On 20.7.2006 at about 8 a.m., A1 accompanied her husband Perumal and went to the field, but they did not return home on that day. On the next day morning, when she came alone, the mother of the deceased questioned about her son Perumal and she gave an evasive answer. THEreafter, all the family members searched for him. THEy could not trace him. On 9.8.2006, P.W.1 proceeded to the respondent police station and gave Ex.P.1, the complaint to P.W.13, the Inspector of Police. On the strength of Ex.P.1, a case was registered for 'man missing' in Crime No,279/2006. Ex.P.12 is the F.I.R. THEreafter on the very same day, PW1 was informed that the dead body was found in the nearby field. He went there and found the dead body and immediately informed to the police. PW1 has given another complaint which is marked as Ex.P.13. THEn the case was altered into one under Section 302 IPC for "suspicious death". Immediately, he proceeded to the spot. Tahsildar was also informed and exhumation was done in the presence of Tahsildar. THE Tahsildar conducted inquest on the dead body and also given the inquest report which is marked as Ex.P.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.