BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) Appeal against conviction.

(2.) The appellant herein/accused was charged for the offence under Sec.302 I.P.C. for having caused the death of one Devendran on 26.02.1986 at about 4.00 p.m. at Keela Easanai village. Trial was conducted and the learned Sessions Judge found him guilty under Sec.304 -II and sentenced him to undergo imprisonment for a period of five years. Against the above said conviction and sentence, the present appeal has been filed by the accused.

(3.) Eye -witnesses were examined to prove the offence. They have stated that the accused caused the injury. From the evidence of the doctor, it is seen that the deceased died due to the injuries sustained on the head. From the evidence placed before it, the trial court came to the conclusion that the offence under Sec.302 IPC is not made out since there was no pre meditation and no weapon was used and the Sessions Judge came to the conclusion that an offence under Sec. 304 part II alone is made out.