VELUMANI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional Sessions Division, Krishnagiri, Krishnagiri District, made in S.C.No,224 of 2007 whereby the appellant/A1 stood charged and tried under Section 498-A and 302 I.P.C., while A2 and A3 stood charged and tried under section 302 r/w 109 I.P.C. On trial, A1 was found guilty as per the charges and awarded life imprisonment and three years rigorous imprisonment respectively along with fine and default sentences, while A2 and A3 were acquitted of the said charge.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus:

(3.) ADDED circumstances in favour of the appellant was that though P.W.8 Judicial Magistrate claim that the medical person was very well available at the time of recording the dying declaration till the end and the said medical person has also certified in the dying declaration, Ex.P7 stating that the deceased was mentally fit to give such a declaration, the said medical person was not examined in order to speak about those fact which would also affect the prosecution case.