PUKKAN CHELLAIAH Vs. STATE

JUDGEMENT

(1.) PUKKAN Chellaiah, the first accused has fried this appeal challenging the conviction under Sec. 302, I.P.C. and sentence of life imprisonment imposed upon him.

(2.) THE gravemen of the main charge is that on 18.10.1992 at about 6.30 p.m., the appellant/first accused caused the death of the deceased Chellamuthu by throwing a stone on his head, thereby the accused is punishable for the offence under Sec. 302, I.P.C.

(3.) EVEN according to the prosecution, A-2 also hit on the head of the deceased by means of stick. It is seen from the records that both M.Os.1 and 2 were recovered from the scene of occurrence and M.Os.3 and 4 were recovered on the confession of A-1. It is not the case of prosecution that the head injury could have been caused by a stick. In the cross-examination of doctor, it has been elicited that one of the injuries found on the head could have been caused by a stick. In this context, we have to remember that A-2, who caused injury on the head of the deceased by the stick has been acquitted. Therefore, we are unable to decide that the first accused/appellant alone caused the fatal injury which was found on the head of the deceased.