KRISHNAMOORTHY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the Judgment of the I-Additional District and Sessions Court, Madurai, made in S.C.No.382 of 2015, dated 29.01.2018, convicting the appellant for an offence under Section 302 of IPC., and sentencing him to undergo Life Imprisonment and to pay a fine of Rs.10,000/- and in default, to undergo one year Rigorous Imprisonment.

(2.) The case of the prosecution in brief:

(3.) The defacto complainant, who is the Sub Inspector of Police (P.W.1), on instructions of the Inspector of Police, took the deceased Sathish, Murugeswari (P.W.9) and the child along with the accused and other family members and constable Murugan(P.W.2), in a car (M.O.3) and they were returning to Nalatinpudhur Police Station on 07.04.2011, at about 10.45 p.m., through Thirumangalam to Virudhunagar National Highway. At that time, the car was driven by Raveendran (P.W.6) and next to him, the deceased was seated and next to the deceased, P.W.1 was seated. Behind them, in the back seat, Damodharan (P.W.5), the appellant and Radhakrishnan (P.W.3) were seated. Behind that Rajendran(P.W.4) and the Head Constable Murugan (P.W.2) were seated. Near them, the wife of the appellant, Murugeswari (P.W.9) was also seated along with the child. When the car came near a overbridge at Dindigul, the child started crying and the appellant got down to buy milk and he was accompanied by Damodharan and others, who also wanted to drink tea. The deceased was under the control of P.W.1 and the wife of the appellant was taken care by P.W.2.