AMOSHSUNDAR SINGH Vs. STATE

JUDGEMENT

(1.) The Appellant in S.C.No.189 of 2015 on the file of the learned I Additional District and Sessions Judge, Tiruppur wherein accused was convicted for the offence punishable under Section 302 of I.P.C and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for another six months. Challenging the said conviction and sentence, the appellant is before this Court.

(2.) The case of the Prosecution, in brief, is as follows:- P.W.1 Kathiresan is the son of deceased and the deceased is the Cousin of P.W.2 Jeganathan. P.W.1 was talking with his friend Stanly in an Auto stand near Pallapalayam Bus stop on 02.03.2015. The accused came down from the Bus and asked P.W.1 to take auto. P.W.1 replied that he do not have auto that led to wordy quarrel. Then P.W.1 and his friend Stanly went near CovaiBackery shop and the accused followed them and attacked PW1. At that time his father deceased Ganesan and his uncle PW2 came near them. Then the accused quarrelled with PW1's father i.e., deceased Ganesan. Subsequently the accused took wooden stick and struck on his neck and Ganesan died due to cumulative effect of skull fracture and brain injury. ThiruSivasami, Special Sub-Inspector of Police, Manglaam Police Station received the complaint on 02.03.2015 at 10 p.m. and registered a case in Cr.No.185 of 2015 for the offence under Sec. 302 I.P.C and filed final report before the concerned Judicial Magistrate.

(3.) The learned Judicial Magistrate took cognizance of the offence and the accused was furnished with the copies of relevant documents under Sec 207 Cr.P.C and committed the case to the Court of I Additional District and Sessions Judge, Tiruppur.