D DHANABAL Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374 Cr.P.C. against the judgment of the learned Additional District and Sessions Judge at Coimbatore made in S.C.No. 11 of 2006 dated 22.12.2006 THIS appeal challenges the judgment of the Additional District and Sessions Division, Coimbatore in S.C.No.11/2006 whereby the sole accused/ appellant stood charged under section 302 I.P.C. for murder and on trial found the accused guilty and awarded punishment of life imprisonment along with a fine of Rs.30,000/- in default to undergo two years rigorous imprisonment.

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

(3.) IT is not in controversy that one Renugadevi was found dead and her body was found in two parts viz., head and trunk part in the railway track. Following the inquest made by the investigating officer, the dead body was subjected to post mortem. P.W.19 doctor who conducted autopsy has given categoric opinion that there are anti mortem injuries found on the neck which would clearly indicate that those injuries had caused asphyxia due to the strong force applied on the neck. The evidence of the doctor remains unshaky, when it was scrutinized. Hence, no impediment was felt by the trial court in recording that though the dead body was in the railway track in two parts, actually death was caused by homicidal violence and rightly too.