R DAMODARAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal preferred under Sec.374(2) of the Code of CRIMINAL Procedure against the judgment of the Magila Court, Madras, made in S.C.No,41 of 2006 dated 3.9.2007. Challenge is made to a judgment of the Magila Court, Madras, made in S.C.No,41 of 2006 whereby the sole accused/appellant stood charged under Sec.302 IPC, tried, found guilty on the charge of murder and awarded life imprisonment with a fine of Rs.1000/- and default sentence.

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

(3.) ADDED further the learned Counsel that even according to the Investigating Officer, the postmortem certificate was actually signed on 30.10.2005, whereas the case was altered to Sec.302 IPC only on 2.11.2005 that had it been true that the postmortem certificate was actually received on 30.10.2005, there was no reason why there should be delay in converting the case to Sec.302 IPC on 2.11.2005 that this delay would also indicate that it was an afterthought to rope the accused in the case and that under the circumstances, the defence plea that he was away from the place and he returned at about 1.30 P.M. and saw his wife's dead body, and immediately he took her to the hospital where she was declared dead should have been accepted.