SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.189 of 2013 on the file of the learned Principal District & Sessions Court, Nagapattinam wherein he was convicted for the offences under Sec. 302 of I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.5000.00, in default, to undergo rigorous imprisonment for a period of one year. The remand period already undergone by the appellant/ accused in this case is set-off under Sec.428 of Cr.P.C. Challenging the said conviction and sentence, the appellant is before this Court .

(2.) The case of the prosecution, in brief, is as follows:- The defacto complainant is the mother of the accused as well as the deceased Santhanakumar. The accused is the elder brother of the deceased Santhanakumar, living adjacent house to the deceased. Since 15 days of the occurrence, the accused had some misunderstanding with his wife and therefore, she had left the house. On 12/5/2013 at about 9.30 p.m. the accused was standing in front of the house of the complainant and abused her with filthy words and asking key of his house and the same was questioned by the deceased, there arose a quarrel between the accused and the deceased. Immediately, the accused with an intention to murder the deceased took a knife from his house verandah and stabbed him at the right chest and caused injury in the right lung. The deceased Santhanakumar died due to that injury at the hospital. Hence, the Inspector of Police Velipalayam Police Station has registered a case as against the accused in Cr.No.226 of 2013 for the offence under Sec.302 I.P.C. and filed final report before the court of Judicial Magistrate No.2, Nagapattinam.

(3.) The learned Judicial Magistrate No.2, Nagapattinam 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 Sessions, Nagapattinam.