VIJAY @ VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) This appeal arises from the Judgment and Order passed by the High Court of Madras dtd. 27/6/2019 in Criminal Appeal No.194/2012 by which the High Court dismissed the appeal filed by the appellant - herein and thereby affirmed the Judgment and Order passed by the Trial Court, i.e., Sessions Judge, Nagapattinam holding the appellant - herein guilty of the offence punishable under Sec. 304 Part 1 of the Indian Penal Code (hereafter, referred to as "IPC") and sentencing him to undergo 5 years of rigorous imprisonment. It appears that the appellant was also held guilty of the offence punishable under Sec. 201 of IPC and was sentenced to undergo 2 years of rigorous imprisonment.

(2.) The case of the prosecution in brief is as under:-

(3.) The appellant - herein along with his friends including 'PW 11' and 'PW 12' had gone to watch a movie on 5/11/2007. They were returning home in the mid night hours after watching the movie. While they were sleeping beneath a bridge, they found the deceased over there to be in an inebriated condition. It seems that the deceased was heavily drunk. The deceased picked up an altercation with the appellant - herein and his friends. According to the prosecution, at that point of time, the appellant picked up a cement brick which was lying at the place of occurrence and hit the deceased on his head. The deceased succumbed to the head injuries.