KANNAN Vs. STATE

JUDGEMENT

(1.) THE appellant herein who is an accused in S. C. No. 386 of 2004, on the file of the VI Additional Sessions Judge, Chennai stands convicted for the offences under Ss. 302, 449, 395 and 404. IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/-for each of the offences in default to undergo six months simple imprisonment under Sections 302, 449 and 395, IPC and sentenced to undergo imprisonment of 3 years rigorous imprisonment and to pay a fine of Rs. 500/- in default to undergo 3 months S. I. for the offences under Sections 404, IPC and the sentence of imprisonment to run concurrently. Aggrieved by the said conviction and sentence, the appellant had preferred this appeal.

(2.) THE case of the prosecution in brief is that P. W. 2 is the husband of the deceased, p. W. 1 is the father-in-law of the deceased. P. W. 1 and P. W. 2 were living in separate flats in the same building. P. W. 2 was running a plastic industry. On 13-12-1995 he had gone from Korrukkupet to Ponnery on receiving a message that his friend had expired. P. W. 3, servant of P. W. 2 was informed by P. W. 2 to go to the house and take food for children and also to bring the children to the house from the school. P. W. 3 gave a ring, but no one attended the phone call from the house of P. W. 2. Then he sent one thangarasu to the house of P. W. 2. At about 12. 45 p. m. the said Thangarasu went to the house and came back and informed that the deceased was found murdered in the bathroom. P. W. 1 and P. W. 2 were informed about this, P. Ws. 1 and 2 went inside the house and found the deceased lying with injuries in the bathroom. Except the ear stud, other jewels of the deceased were missing, bureau was kept opened, the jewel boxes were empty and the cash was missing. P. W. 1 gave complaint Ex. P. 1 on 13-12-1995 at 1. 15 p. m. P. W. 20, Sub Inspector of Police of korrukkupet on receiving the complaint registered the case in Crime No. 974 of 1995 under Sections 302 and 380, IPC and prepared the First Information Report, Ex. P. 26.

(3.) P. W. 24, the Inspector of Police on receiving the telephonic message went to the police station and received the copy of the fir and then went to the scene of occurrence and prepared the observation mahazar ex. P. 2 and also prepared the rough sketch ex. P. 27. P. W. 18 took up photograph of the body of the deceased at the scene of occurrence. Ex. M. O. 49 series are the photographs. P. W. 19, the chemical analyst took up the sample blood in a filter paper from the scene of occurrence. P. W. 24 held inquest from 4. 00 p. m. to 7. 00 p. m. examined witnesses and prepared Ex. P. 28 inquest report.