MADURAI: Dismissing an appeal filed by a Tiruchy-based life convict in a murder case, the Madras High Court bench here upheld his conviction.
The appellant Karuppasamy was arrested by the Manaparai police on charges of killing one Parasakthi of Arasunilaipalaym village in May 2007. In November 2007, the Tiruchy Principal Sessions Court found him guilty of murder and sentenced him to undergo imprisonment for life and imposed a fine of `1,000. Karuppasamy challenged his conviction that though the trial court had framed a charge against him under Section 302 of IPC, it failed to obtain his signature on the charge (memo) and therefore, the charge itself is erroneous. Under the said circumstances, the conviction and sentence passed by the trial court are liable to be set aside. He further contended that the specific case of the prosecution is that the he had illicit intimacy with Parasakthi but her husband was not examined to prove their illegitimate contact.
Passing orders, a bench comprising Justices A Selvam and V S Ravi held that there is no necessity to obtain the signature of the accused in the charge as per Section 228 of the Code of Criminal Procedure. Though the victim’s husband has not been examined, the prosecution has chosen to examine one Karuppiah, and his specific evidence is that the husband of the deceased has reported to him about the alleged illicit intimacy that existed between the accused and Parasakthi, the order said. The judges held that they have not found any illegality in the sentence passed by the trial court and dismissed the appeal. Hence the bench directed the trial court to take appropriate steps so as to immure the appellant/accused in prison to serve out the remaining period of sentence.