EZHILAN ALIAS ESHILARASAN Vs. STATE

JUDGEMENT

(1.) The appellant herein and the deceased are related. PW 1, Babu alias Mani is the nephew of the deceased. He is also the brother-in-law of the deceased. PW 2 was at an arrack shop and was consuming arrack. He saw the appellant as also the deceased talking to each other. PW 3 also noticed them. However, a sudden quarrel took place between the appellant and the deceased. PW 3 informed PW 1 thereabout who was sitting in the arrack shop whereupon he came out and found that the appellant was attacking the deceased with broken soda bottle.

(2.) The injuries said to have been suffered by the deceased are as under:

(3.) The question which arises for consideration in this appeal is as to whether in the fact situation obtaining herein, which has been duly proved by the prosecution, the appellant can be said to have committed an offence punishable u/s. 302 read with Sec. 34 of the Indian Penal Code or not. It is not in dispute, although it may not be very relevant, that the appellant was under the influence of liquor. It has been brought on record that they used to quarrel often.