GANESAN Vs. STATE

JUDGEMENT

(1.) THE appellant/accused, who was charged in Crime No.108 of 1987 on the file of the Bommidi Police Station for an offence under Section 302, IPC., for causing the death of his concubine by name Kannammal at about 9.30 P.M. on 2nd August, 1987, was tried by the learned Sessions Judge in S.C. No.92 of 1995. THE Sessions Judge found the appellant guilty under Section 302, IPC. as charged and sentenced him to undergo life imprisonment. THE aggrieved accused has preferred the above appeal.

(2.) THE prosecution case can be set out in a nutshell as under: -

(3.) THE prosecution relies on the evidence of PW.l. According to him, PW.2 came and informed him on the fateful day at about 9.30 P.M. to the effect that when PW.2 went to the house of the deceased and called her by name from outside. As there was no reply, she entered the house and found the deceased dead. THE accused who was present inside the house, left that place. According to this witness, when he received this information from PW.2, he went to the house of the deceased and found the deceased lying dead. THEreafter, he went and gave complaint on the next day morning as by that time it was late in the night. Inasmuch as PW.2 has been treated as hostile, this circumstance cannot in any way advance the case of the prosecution and point towards the guilt of the accused.