(1.) This appeal arises out of the Judgment in S.C.No. 399 of 2005, dated 23.02.2005 on the file of the learned Principal District and Sessions Judge, Madurai, convicting the appellant under Section 326 IPC and sentencing him to undergo Rigorous imprisonment for a period of 7 years and also imposed a fine of Rs.1,000/- in-default to undergo simple imprisonment for a period of three months.
(2.) From the perusal of the records, it is seen that on 14.06.2003 at about 8.15 p.m., when the deceased viz., Sudhakaran and his brother, viz., Elumalai were returning from the house and while they were coming near VIP complex and at that time, the accused was selling plantain in a wheel cart. On seeing the accused, his brother went near the accused and at that time, the wordy quarrel had happened in between them and the accused took out a knife and stabbed on the left chest, which caused injury and immediately, he was rushed to Government Rajaji Hosptial, Madurai, by one Gnanasambandam and thereafter, his brother went to B.1 Police Station and preferred a complaint, Ex.P.1 and PW-14, Inspector of Police, took up the investigation in this case and P.W.11, Sub Inspector of Police, registered a case in Crime No. 204 of 2003 for the offence under Section 302 I.P.C., after receiving the F.I.R., Ex.P.6, he went to the scene of occurrence and prepared observation mazhar Ex.P.2 and Ex.P.7- Rough Sketch and examined the witnesses and recorded their statements and went to Government Rajaji Hospital at 6 a.m., on 15.06.2003 and conducted inquest, Ex.P- 8 and that he arrested the accused and recorded the confession statement of the accused in the presence of the witnesses, viz., Murugan and Rajendran and he has also seized M.O.1 knife, and blood stained shirt. The other witnesses have been examined as PW-2. The other witnesses who claims to be the brother of the deceased also examined. PWs- 3 and 4, who are nearby persons also examined, who turned hostile. PW-5 is the mahazar witness, who would depose that on 14.06.2003 at about 11.30 p.m., police came to the place of occurrence and prepared Ex.P.2 observation mahazar. PW-6 speaks about the arrest of the accused. On 15.06.2003 at Ramarayar Mandapam and thereafter, the accused has given a confession statement and also handed over M.O. 1 knife and M.O. 5 Fanta colour black striped shirt and Ex.P.3 is the mahazar for the seizure of M.O.1 and M.O.5. P.W.7 speaks about the occurrence said to have been taken in between both the persons 10 days prior to the occurrence. P.W.8 is the Doctor, who speaks about a person, who has been admitted in the hospital and thereafter, he pronounced him dead. P.W.9 is the doctor, who conducted postmortem. P.W.10 is the electric man, local body line man, speaks about lightening at the place of occurrence. P.W.12 is the Constable and P.W.13 is the Head Constable and P.W.14 is the Inspector of Police, who investigated the case.
(3.) On the side of the prosecution, P.Ws. 1 to 15 were examined and Exs. P-1 to P-10 were marked. On the side of the accused one Village Administrative Officer has been examined as D.W.1 and no document has been marked. The learned trial Judge, on consideration of oral and documentary evidence and the arguments, has convicted and sentenced the accused as stated above. Against the conviction and sentence, the present Appeal has been filed.