VELUCHAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) LEAVE is granted limited to the question as to the nature of offence committed by the appellant.

(2.) THE appellant was convicted under S.302 of the Penal Code, 1860 and was sentenced to imprisonment for life by the learned Sessions Judge, Madurai, in Sessions Case No. 264 of 1989 on 2-2-1990. On appeal, the High Court of Judicature of Madras confirmed the conviction and sentence passed by the learned Sessions Judge in Criminal Appeal No. 386 of 1990 on 1-10-1999. It is against that judgment that the present appeal is filed.

(3.) A perusal of the judgment of the trial court as also of the High Court shows that PWs 1 and 2, injured eyewitnesses are relied upon to hold that the appellant caused the death of the deceased Sivamurugan. The post - mortem report (Ext. P8) was spoken to by PW 6, the doctor who conducted the postmortem examination. It shows that the following two injuries were found on the body of the deceased Sivamurugan: