RAJA @ KATTU RAJA Vs. STATE

JUDGEMENT

(1.) The criminal appeal arises out of the judgment of conviction and sentence dated 24.02.2003, made in S.C.No.179 of 2002 on the file of the Additional Sessions Court (Fast Track Court No.2), Gobichettipalayam, whereby the accused was convicted for the offence under Section 304(i) IPC and sentenced to undergo 7 years rigorous imprisonment and imposed a fine of Rs.1,000/- in default in payment to undergo six months simple imprisonment and he was convicted for the offence under Section 324 IPC and sentenced to undergo three months rigorous imprisonment and imposed a fine of Rs.500/- in default in payment to undergo one month simple imprisonment.

(2.) The respondent has filed a charge sheet against the accused for the offence under Sections 324, 302 and 506(ii) IPC, stating that on 12.01.2002 at 8.30 p.m., when the deceased Anbalagan and P.W.1 to P.W.4 were gone to see the Pariyur Car festival at Gobi bus stand, near Saravana theatre, at the time, the accused, who was riding his scooter with rash and negligent manner, dashed against P.W.2/Saravanan and due to the same, there was an wordy altercation and thereafter, the accused took the knife and stabbed Saravanan on his left hand and also stabbed the deceased on his left thigh, who came to prevent Saravanan, died in the hospital and thereby, the accused committed the aforesaid offences.

(3.) The case of the prosecution is as follows: