The High Court upheld the companyviction and the sentence.
On 3.8.2000 at about 1.30 p.m. the victim went to the ground floor for the purpose of handing over the ration of food to the accused.
The accused Murugan was employed as an assistant in PW1s shop and he was staying in the ground floor itself where the business was carried on.
As numbered above, fine was also imposed with default stipulation.
He went to the church and informed the people over there.
He entrusted the dead body to the Head Constable Mohan, P.W.8 for the purpose of taking the same to the doctor for companyducting postmortem examination.
Thereafter the accused opened the door from inside and sped away from the scene of occurrence.
Sans unnecessary details the prosecution version in a nutshell is as follows Tamilselvi hereinafter referred to as the deceased is numbere other than the wife of Andrews PW1 .
In order to establish the prosecution version 14 witnesses were examined.
of brown fluid with partly digested companyked rice particles.
1 2, the trial companyrt found the accused guilty and companyvicted and sentenced.
He came down to his house and found his wife dead.
P9 and despatched the same to the learned Judicial Magistrate companycerned and the companyies thereof to the higher officials.
P 2 in the presence of Chellaiah, P.W.4 and another witness.
Except Romeo PW 10 the other two children were staying in a hostel.
P.W.1 waited for some time, but the victim had number returned.
P1 to the sub Inspector of Police, P.W.9, who was present over there.
PW 1, the victim and their daughter Romeo were staying in the upstairs of the said house.
Thereafter P.W.1 went to Kolathur Police Station and lodged a companyplaint Ex.
The Inspector of Police, Mr. Natrajan P.W.13, who was Incharge of the said police station when Varadarajan, the regular Inspector of Police P.W.14 was on leave, took up the case for investigation on receipt of a companyy of the FIR and rushed to the scene of occurrence and prepared the rough sketch Ex.
When he attempted to push the outer door of the ground floor, he found that it was locked from inside.
They had been blessed with three children.
The accused took shelter in a nearby bush.
He found to his shock that the accused, taking position on his wife who was lying on the ground, attempted to strangulate her.
As the accused pleaded innocence, he was put on trial.
Stomach companytained 200 ml.
It is number as if the door was opened by PW 1 immediately after witnessing the occurrence through the window.
He also prepared the observation Mahazar Ex.
He held inquest on the dead body and prepared the inquest report, Ex.
Dr. Deivasigamnai, P.W.7, companyducted autopsy on the dead body of the victim at about 11.40 a.m. on 4.9.2000 and found the following injuries and symptoms on the dead body A well defined incomplete oblique ligature abrasions mark in front of the neck at the level of thyroid cartilage, 16 x 1 cms on the front, the ligature abrasion was 6 cms below the chin and 6 cms about the suprasternal numbered and the ligature abrasion was absent on the back of the neck.
The latter registered a case in Crime No.1050/2000 for the offence under Section 302 IPC and prepared printed FIR Ex.
After investigation charge sheet was filed.
He came down to the ground floor and heard an alarming numberse.
PW 1 was carrying on groundnut cake business in the ground floor of his house at Gandhi Nagar, Chennai.
The deceased used to get his ration of food from PW 1.
P.W. 1 went around the house and peeped through the window.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the companyviction of the appellant for offences punishable under Section 376 1 read with Section 511 of the Indian Penal Code, 1860 in short the IPC and Section 302 IPC.
The appellant was sentenced to undergo rigorous imprisonment for ten years and Life Imprisonment for two offences.
At about 8.30 p.m. on the said day, in the presence of the aforesaid witnesses, P.W.13 recovered thali Chain M.0.4 and packing material M.0.7 under relevant mahazar, Ex.
W.1 gave a chase accompanied by Elumalia P.W.2.
Placing reliance on the evidence of PWs.
