VENKATACHALAM Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Miscellaneous Petition is to suspend the sentence imposed on the petitioner by the judgment, dtd. 28/4/2022, made in S.C.No.321 of 2018 on the file of the Magalir Neethimandram (Mahila Court), Salem, and to enlarge the petitioner on bail, pending disposal of the above appeal.

(2.) The learned Sessions Judge, Magalir Neethimandram (Mahila Court), Salem, in S.C.No.321 of 2018, has convicted the petitioner/A1 for the offence under Sec. 307 IPC and sentenced him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.1,000.00, in default, to undergo Rigorous Imprisonment for 1 year.

(3.) The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was cutting a tree with Koduvaal. P.W.1 confronted him and intercepted as to why he was cutting the tree belonging to her family. Enraged by this, the petitioner/A1 is said to have given one hit on her head with Koduvaal, causing injuries to her, and had thrown away the Koduvaal and ran away from the scene. He would further submit that, so as to bring home the said fact, P.W.1 was examined, however, during the course of her chief-examination, the matter was adjourned for producing the Material Objects. In the interregnum, P.W.1 died and therefore, P.W.1's evidence was never completed nor she was cross-examined. Apart from P.W.1, other witnesses turned hostile and absolutely, there is no evidence, whatsoever, to convict the petitioner.