RAJA Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the Judgment in S.C.No.35 of 2007, dated 31.12.2007, convicting the Appellants/Accused No.1&2 U/s 302, 382, 392 r/w 397 and 120(B) IPC and sentencing them to undergo life imprisonment and other sentences and also imposing fine.

(2.) BRIEFLY stated case of prosecution is as follows:- Deceased Peyammal is the mother of PW1-Mookkaiah. Accused No.2-Packkiam used to go along with other women to Karuppanamooper Thottam for cutting grass. Accused No.1-Rajan and Accused No.2-Packkiam were having illicit intimacy and the deceased Peyammal chastised them, which was not to the liking of Accused No.1 and 2. On 24.01.2007, deceased Peyammal went to Karuppanamooper Thottam for cutting grass. PW14-Kootandurai saw Accused No.1 and 2 talking to each other in Karuppanamooper Thottam at 08.30 A.M. At about 10.00 - 11.00 A.M., PW14 heard that Peyammal was done to death.

(3.) BASED on the request from the IO, PW17-Dr. S.Vasakar has conducted autopsy and noted the following injuries:- An oblique cut injury over the temporal side, front and right side of neck measuring 16X3cmX4cm with surrounding contusion. Left common carotid artery, jugular vein and left vascular nerve injured. Thyroid cartilage horizontally cut injury present; Blood clots over the inner aspect of trachea present. An oblique cut injury over its lower part of left side of neck just 3cm below the injury No.1 present, measuring 8cmx2cmx1 cm with surrounding contusion. PW17 opined that the deceased died due to shock and hemorrhage and due to injuries to the major blood vessels - left common carotid jugular vein and vagues nerves with injury No.1 and issued Ex.P16 Postmortem Certificate. After Postmortem, blood stained clothes [MO10-Saree and MO11-Blouse] were seized.