S.NAGAMUTHU. J,

“Vinodhini”. This name fills the grieved hearts of the masses even today. A young engineering graduate, at the age of 23, the only daughter of poor parents, employed in a Software Company in Chennai, with a lot of 'vision' about her future would have had no reason to anticipate that the Deepavali, on 13.11.2012, the festival of lights symbolising the victory of righteousness, was going to be close to the last day of her vision and life. Yes. She celebrated the festival with her parents at her home town Karaikal, with all joy and jubilance. On 14.11.2012, at 10.00 p.m., when she was on her way to the bus stand to board a bus to Chennai, the gory incident occurred. In the acid attack at the hands of the stony hearted accused, whose one sided love was rejected by her, she lost her vision of both the eyes making the entire universe dark for her. Her valiant battle for life in the hospital lasted for 90 long days. The professional skill of the eminent doctors and their fight to save her life, at last, could not succeed. She breathed her last on 12.02.2013 leaving her old parents in unconsolable grief and despair. It is reported that unable to bear the loss, her mother, after the verdict by the trial court, committed suicide. Our heart is filled with a sense of concern for the father of the unfortunate victim. But, we, unfailingly caution ourselves that our judging of the issues in this case should not be swayed by emotion and anxiety. With this prelude, let us go into the facts of this case with the fond hope that we may not have an occasion to deal with yet another case of this kind.

2. The appellant is the sole accused in S.C.No.22 of 2013 on the file of the learned Additional Sessions Judge, Puducherry at Karaikal. He has been convicted for offences under Section 302 of IPC in the alternative under Section 326 of IPC and under Section 324 of IPC [Two counts]. The trial court has sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- in default to suffer rigorous imprisonment for two years for offence under Section 302 of IPC or alternatively under Section 326 of IPC and sentenced him to undergo rigorous imprisonment for two years for each count under Section 324 of IPC [Two counts]. Further, the trial court ordered payment of Rs.50,000/- from and out of the fine so imposed, as compensation to the parents of the deceased.

3.0. The case of the prosecution in brief is as follows:-

Miss.Vinodhini, did her Diploma in Engineering in a Polytechnic College in Karaikal. Then, she joined B.E., course at "Perunthalaivar Kamarajar Engineering College", Karaikal. After graduating from the said College, she secured a decent job in a Software Company in Chennai. On account of her job, she was staying in Chennai. Her parents (P.Ws.1 and 2) were residing at Engineer Garden, M.M.G.Nagar, Karaikal, Puducherry. P.W.1 was working as a security in a private school.

3.2. The accused was known to the deceased through her father. After the deceased joined the engineering course in Perunthalaivar Kamarajar Engineering College at Karaikkal, the accused used to follow her while she was traveling in the bus to the college. On few occasions, he told the deceased that he had fallen in love for her and he wanted to marry her. The deceased did not respond positively and instead she replied that she had no place at all in her heart for him. Even then, the accused did not stop his one sided love. After she joined services in Chennai, the accused approached P.W.1, the father of the deceased, in the month of January, 2012 with an offer to marry the deceased. P.W.1 bluntly rejected the said offer. Even after that the accused troubled the deceased a lot by following her and by extending overtures. Therefore, P.W.1 made a complaint to the police in the month of January, 2012 against the accused. The police summoned the accused, inquired and warned him. Thereafter, the accused did not visit the house of the accused.

3.3. O