D RAMALINGAM Vs. STATE

JUDGEMENT

(1.) THIS appeal at the instance of appellant D. Ramalingam is directed against the judgment dated 28.2.1987 passed by the learned Additional Sessions Judge, Jeypore in connection with Sessions Case No. 78 of 1986 convicting the appellant under Section 304, Part II, IPC and sentencing him thereunder to undergo rigorous imprisonment for six years.

(2.) PROSECUTION case, in brief, is that on 23.4.1986 at about 11 P.M. P.W.5 Dhanalakshmi lodged an or complaint before the Jeypore town P.S. alleging, inter alia, that on that day itself P.W.5 Dhanalakshmi with her mother had gone to cinema hall to see movie. After watching the movie when they returned home the appellant being her grand -father scolded her asking as to why she was frequently going to watch movie. Thereafter an altercation took place between the two. During such altercation, mother of the informant came along with her husband and intervened. Both of them asked the appellant as to why he was scolding Dhanalakshmi. Upon hearing this, the appellant being furious picked up a knife and tried to attack the father of P.W.5. At that time, the deceased being the mother of P.W. 5 intervened and stood between the father of the informant and when the appellant attempted to stab the father of the informant which ultimately fell on the chest of the deceased. The deceased happens to be the mother of the informant. From there the deceased was taken to the hospital and upon arrival at the hospital she was declared dead. This is, in brief, the oral complaint by P.W.5 before the Police Station which was reduced into writing and registered as an F.I.R. against the appellant under Section 302. IPC. After usual investigation, the case was committed to the Court of learned Sessions Judge, Jeypore. On transfer, the case was ultimately tried before the learned trial Court.

(3.) IN all, eight P.Ws. were examined on behalf of the prosecution. The appellant adduced no evidence.