LAWS(MAD)-2008-11-348

SENTHILKUMAR Vs. STATE

Decided On November 14, 2008
SENTHILKUMAR Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THIS Referred Trial No.2 of 2008 has arisen from the judgment of the Court of Sessions, Coimbatore Division made in S.C.No.155 of 2007, whereby the sole accused therein stood charged under Sections 363, 364, 376(1) and 302 IPC, tried and found guilty as per the charges and awarded capital punishment of death sentence under Section 302 IPC, 3 years R.I. and to pay a fine of Rs.500/-, in default to undergo 3 months S.I. under Section 363 IPC, life imprisonment each under Sections 364 and 376(1) IPC and the sentences of imprisonment under Sections 363, 364 and 376(1) IPC were ordered to run concurrently. Aggrieved against the conviction and sentence, the appellant has brought forth Criminal Appeal No.487 of 2008.

(2.) BOTH the Referred Trial, seeking confirmation of the sentence made by the Sessions Court and also the Criminal Appeal filed at the instance of the appellant/accused are taken up together for consideration this day.

(3.) ADVANCING arguments on behalf of the appellant, the learned counsel would submit that in the instant case, the prosecution had no direct evidence to offer that according to the prosecution, the motive attributed to the accused for committing the crime was that actually one month prior to the occurrence, 13 years old Sandhya, the school going girl, was actually taking bath and the same was witnessed by the accused stealthily and it was reported to P.W.1, her father, who in turn abused the accused in a filthy language in the presence of the others that the learned counsel would submit that it cannot be the motive, because the said incident had taken place one month prior to the occurrence and this would not have any continuity that had it been the real intention of the appellant to do anything, he would have done it earlier and that after one month, such a thing could not have been happened at all.