ARUMUGHAM Vs. STATE

JUDGEMENT

(1.) THE appellant is the accused in S.C.No.231 of 2004 on the file of the learned Additional District and Sessions Judge, Fast Track Court-V, Coimbatore at Tiruppur. He stands convicted for offence under Section 307 of IPC and sentenced to undergo R.I. for 5 years and to pay a fine of Rs.1,000/- in default to undergo S.I. for 6 months. Challenging the same, the appellant is, now, before this court with this criminal appeal.

(2.) THE facts of the prosecution case in brief are as follows:- P.W.1 is a resident of Thiruppur Angeripalayam Village. THE accused hails from Thirunelveli District. But, he was staying in Tiruppur. P.W.1 was working as a Fitter in a company known as "West Coast Company" in Tiruppur. THE accused was working as a helper in the same company. THE accused was known to P.W.1 for about 4 years prior to the occurrence. P.W.1 and the accused were residing in the same rented house. After P.W.1 was about to marry, the accused rented a different house and started living there. THEreafter, the accused married one Kalaiselvi. P.W.1 also got married. THEreafter, in a friendly manner, P.W.1 and his wife used to mingle with the accused and his wife. But, the accused developed suspicion that P.W.1 had developed illicit intimacy with his wife. THErefore, the accused warned P.W.1 and his wife not to speak to his wife. Accordingly, they stopped. While so, on 29.08.2001, at about 5.00 p.m., the wife of the accused came to the house of P.W.1 seeking a help to repair the stove at her house. THErefore, P.W.1 and his wife went to the house of the accused and helped his wife to repair the stove. At that time, the accused was not at home. THE accused came to know of the visit of P.W.1 to his house later on. On 30.08.2001, both P.W.1 and the accused had gone to the factory for work. In the evening, the accused told that they could go together in cycle. Accordingly, P.W.1 rode the cycle and the accused travelled in the carrier. After they had gone some distance, the accused got down from the cycle and prevented P.W.1 from proceeding further. THE accused scolded P.W.1 saying that despite his warning how bold P.W.1 was to visit his house and to speak to his wife. THEn, in a fit of anger, the accused took out a knife and stabbed P.W.1 on his stomach and other parts of the body. P.W.1 tried to escape. But, the accused did not stop and ran after him and caused yet another stab injury. Because of the injuries on the abdomen, intestine protruded out. P.W.1 fell down with bleeding injuries. P.W.2 and one Raja, who were also returning from the same company after work noticed the same. THEy took P.W.1 immediately to the hospital. THE accused fled away from the scene of occurrence with the weapon. P.W.4 Doctor Bharathi, the then Assistant Surgeon attached to Tiruppur Government Hospital examined P.W.1. He found the following injuries:-

(3.) I have heard the learned counsel for the appellant and the learned Government Advocate [Criminal Side] for the State and also perused the records carefully.