SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 24-6-2004 whereby and whereunder the appeal filed by the appellant herein against a judgment of conviction and sentence dated 30-6-1997 passed by II Additional Sessions Judge, Coimbatore Division in Sessions Case No. 197 of 1996 was dismissed.

(2.) The appellant, herein and the deceased Senthil were relatives as well as friends. Relationship of parties is not in dispute. Nataraj Gounder (PW-1) was the brother-in-law of the deceased whereas Radhakrishan (PW-2) was his brother. The deceased, however, was living with his mother as well as his brother (PW-2). He indisputably was addicted to drinks.

(3.) At about 11.00 a.m. on 17-9-1995, PW-1 while standing in his Kalam had seen the appellant, one Ravikumar (PW-7) and the deceased going together. At about 4.30 p.m. on the same day, he came to learn that the body of the deceased was lying near a Tea Stall belonging to one Rathinammal. PWs - 1 and 2 went there and found Senthil dead. PW-1 lodged a First Information Report whereupon a case under Section 174 of the Indian Penal Code was registered. One Dr. Jothi Arunachalam (PW-11) conducted autopsy on the dead body of the deceased and inter alia found a circular penetrating wound 1/2 cm medial to right nipple. He opined that the injury might have been caused by an air gun like M.O.I. He further found that the injury was due to profuse haemorrhage and shock due to penetrating injury. The post-mortem report was marked as Ex. P-11.