(1.) THIS appeal arises out of the Judgment in S.C.319/2005 on the file of Additional Sessions Judge, Fast Track Court, Dharmapuri convicting the appellant/first accused U/s.302 and . IPC and sentencing him to undergo life imprisonment and imposing fine of Rs.5000/- for the conviction U/s.302 IPC and RI for 2 years for the conviction U/s.. IPC and also imposing fine Rs.1000/-.
(2.) CASE of the prosecution in nutshell are as follows:- A1 is the son of deceased Vellachiammal. PW2-Govindan, and PW3-Rajendran, are the brothers of A1 and sons of deceased Vellachiammal. A1-Murugan and deceased Vellachiammal were residing at Kollahallipudur village. Partition was effected in the family house and a portion was allotted to PW2-Govindan and deceased Vellachiammal. A1 has been demanding from his mother Vellachiammal to give the house to him which was refused by the deceased. Therefore, A1 and A2 are alleged to have developed enmity towards Vellachammal and decided to do away with her.
(3.) IN the meanwhile on 06.03.2004, one Kannan attached to Morappur Railway Station found dead body of a female lying at K.M.270/29-271/1, at Puttireddipatti-Morappur line and informed the same to Station Master of Morappur Railway Station [PW11], who in turn sent a message to Salem Railway Station. On receipt of complaint, PW8-Salem Station Master lodged EX.P9-Complaint to Sub INspector of Police, Salem Railway Police. On the basis of EX.P9-Complaint, PW19-Sub INspector of Police registered a case in Cr.No,90/2004 u/s.174 Cr.P.C. On 06.03.2004, PW19 took up investigation and prepared Rough plan regarding the place where body was found. INquest was held on the female body (then unidentified) and Ex.P19 is the inquest report. After inquest, body was sent to Post Mortem. On receipt of requisition, PW20-Dr.Ravishankar conducted autopsy on the body of deceased. Opining that deceased died of shock and haemorrhage due to multiple injuries and that injuries are ante-mortem. PW20 issued Ex.P23-Post Mortem Certificate. On receipt of Post Mortem Certificate, PW19 altered the section of law into one u/s. 302 IPC and sent Ex.P20-Express Report to the Court. IN the meanwhile PWs 2 and 3-sons of deceased Vellachiammal identified the body of the deceased.