NAGENDRAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused. He stood charged for the offences under Ss. 341 and 302 IPC. The trial Court acquitted him, for the offence under Sec. 341 IPC, and convicted him, under Sec. 302 IPC, and sentenced to undergo life imprisonment, and also to pay fine of Rs.2,000.00, in default, to undergo three months rigours imprisonment. Challenging the abovesaid conviction and sentence, the appellant is before this Court, with this appeal.

(2.) The deceased by name, Kalidoss, is the friend of the appellant/accused. Earlier, the deceased was working at Malaysia and returned back to his native in the year 2013. Thereafter, he was running a mechanical shop at Pudukkottai. The appellant is his close friend and they used to consume liquor together. On 2/11/2013, a Diwali day, at about 08.30 p.m., while the deceased was at his house, the appellant/accused, came to his house and demanded money from the deceased, for purchasing liquor, deceased denied, and there was a quarrel between them, at that time, the appellant attacked the deceased with a wooden log available there. While the deceased fell down, he put a stone on his head and caused his death, then ran away from the scene of occurrence. Immediately, the deceased was taken to hospital, where he was declared brought dead.

(3.) PW1, mother of the deceased, went to the police station and gave a complaint(Ex.P1). PW11-Sub Inspector of Police, in the respondent police station, based on the complaint, registered the FIR in Crime No.380/2013(Ex.P6) and sent the same to the Judicial Magistrate Court and sent copies of the same, to the investigating officer and higher officials.