ESAKKIAPPAN Vs. STATE

JUDGEMENT

(1.) The present Criminal Appeal has been filed aggrieved by the judgment of the Principal Sessions Court, Tirunelveli made in S.C.No.112 of 2015 dated 26.08.2016, convicting the appellant for an offense under Section 302 of I.P.C. and sentencing him to undergo life imprisonment and to pay a fine of Rs.500/- in default of payment of fine, to undergo further period of six months rigorous imprisonment.

(2.) The case of the prosecution is that the appellant is a drunkard and as a result of the same, there was a matrimonial dispute and he had got separated from his wife and was living with his parents and brother and he used to regularly ask for money for consumption of alcohol. On 19.06.2014 at about 11:00 p.m., when the appellant was in an inebriated state, his mother is said to have chided him by saying that he is not going for any work and is regularly consuming alcohol and he is not even able to live with his wife. After this, the deceased, who is the mother of the appellant was lying on her bed on the pial of the house. At that time, the appellant is said to have taken a grinding stone, which weighs about 20 kgs (M.O.1) and had dropped it on the head of his mother and thereafter, he had ran away from the scene of occurrence.

(3.) The deceased was immediately taken to the Government Hospital, Tirunelveli at about 3:22 a.m. on 20.06.2014 and she was admitted as inpatient by the Doctor(P.W.8). When she was examined , the Doctor found that she had sustained very grievous injury in her head and she was in an unconscious state. The deceased ultimately died on the very same day at 6:30 a.m. Immediately, a communication (Ex.P.8) was sent to the police regarding the death of the deceased.