KUMAR @ KATHIRESAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant / sole accused, aggrieved by the judgment of the Additional District and Sessions Court, Ramanathapuram, dated 11.07.2017, in S.C.No.55 of 2015, convicting the appellant for an offence under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) and in default to undergo one year Simple Imprisonment, has filed the present appeal. CASE OF THE PROSECUTION

(2.) The case of the prosecution is that the deceased is the father of the appellant and he was a paralytic patient, who was taken care by the appellant and he was aged about 73 years. It is the further case of the prosecution that the appellant was finding his father to be a hindrance for his peaceful life and therefore, he decided to do away with his aged father. On 30.09.2012 at about 09.00 p.m., he is said to have called his brother-in-law (P.W.1), who was a auto driver to come to his house with the auto for taking his father to the Hospital. When the deceased was taken in the auto from R.S.Mangalam to Devipattinam en-route, he is said to have been strangulated by the appellant in the auto, resulting in his death.

(3.) The brother-in-law of the appellant (P.W.1) lodged a complaint (Ex.P.2) before the S.S.I of Police (P.W.7) on 01.10.2012, at about 07.00 a.m. Immediately an F.I.R (Ex.P.3) came to be registered by P.W.7 and the express F.I.R was sent to the learned Judicial Magistrate.