P. D. DINAKARAN, J.

The appellant, sole accused in S.C.No.53 of 2007 on the file of the learned Additional District and Sessions Judge, Fast Track Court-I, Coimbatore stands convicted under Section 302 I.P.C. for causing the death of one Thagira. On being convicted, the appellant was sentenced to rigorous imprisonment for life with a fine of Rs.500/-, in default, to undergo rigorous imprisonment for three months.

2. The allegation in the charge framed against the accused is that on 19/20.10.2006 at about 24.00 hours, when one Uma Maheswari and her child Thagira were sleeping in the Corporation ground, the accused called Uma Maheswari to give company for his pleasure and when she refused, he threatened her that he would do away with her child and accordingly, after the said Uma Maheswari left the place, he stuffed polythene paper in the mouth of Thagira, 11/2 years old girl, strangled her and by holding her legs, thrashed her on the wall and threw her at the backside of the compound of the Thippu Sultan Mosque and the child died due to the injuries sustained on the head and thereby he committed an offence punishable under Section 302, I.P.C.

3. The case of the prosecution, in n