KARUPPAIAH Vs. STATE

JUDGEMENT

(1.) The appellant was convicted for the offence under Section 306 of IPC and sentenced to undergo ten years rigorous imprisonment, vide Judgment dated 30.06.2011 in S.C.No.144 of 2010 on the file of the Additional Sessions Judge/Fast Track Court No.2, Madurai.

(2.) The prosecution case is that the appellant was keeping the deceased kamayee illegally. They were virtually living as husband and wife. While so, on 24.10.2009, at about 11.00 p.m., the appellant picked up quarrel with the said Kamayee. Angered by the imputation of Kamayee that the appellant was having relationship with others, the appellant set fire to Kamayee. The said Kamayee suffered extensive burn injuries. She was admitted to the Government Rajaji Hospital, Madurai. The treatment given to her was not successful and on 26.10.2009, she succumbed to the injuries at about 12.20 p.m. A case of murder was registered against the appellant by the Inspector of Police, Usilampatti Police Station. Investigation was conducted and the final report was filed before the Judicial Magistrate No.1, Usilampatti. The case was committed to the Sessions Court in P.R.C.No.7 of 2010 and made over to the Additional Sessions Court/Fast Track Court No.2, Madurai in S.C.No.144 of 2010. Charge under Section 302 of IPC was framed against the appellant. The appellant denied the same and claimed to be tried. The prosecution examined 16 witnesses and marked Ex.P1 to Ex.P18. M.O.1 to M.O.7 were marked. The learned trial Judge, after a detailed consideration of the evidence on record, acquitted the appellant of the offence under Section 302 of IPC, but then, found him guilty of the offence under Section 306 of IPC and sentenced him to undergo 10 years rigorous imprisonment. Questioning the same, this appeal has been filed.

(3.) The learned Senior Counsel appearing for the appellant reiterated the contentions set out in the appeal memorandum and wanted this Court to reverse the impugned Judgment.