SUBBURAM Vs. STATE

JUDGEMENT

(1.) The sole accused, who was convicted for an offence under Sec. 302 IPC and was sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000.00, in default, to undergo 3 months Simple Imprisonment through judgment and order dtd. 15/7/2019, made in S.C.No.22/2016, passed by the learned Additional District and Sessions Judge, Srivilliputhur, has preferred this criminal appeal.

(2.) The case of the prosecution is that the deceased Nagaraj had a family dispute with the appellant and there were repeated quarrels and hence the appellant had a motive to do away with the deceased. In furtherance of the same, on 14/4/2014, when the deceased returned back from Sivakasi and was getting down at Thulukankurichi bus stop and was walking near the tea shop of one Jeganathan at about 9.30 p.m., the appellant is said to have been waiting at that place, with M.O.6-knife and on seeing the deceased, he attacked the deceased in his chest, abdomen and thigh. As a result of the same, the deceased sustained grievous injuries and he died.

(3.) The son of the deceased, namely, P.W-1 gave a complaint, Ex.P1 at Vembakottai Police Station on 15/4/2014 at about 1.30 a.m. An FIR was registered in Crime No.138/2014 by P.W-20, who was the Sub Inspector of Police in the said police station for an offence under Sec. 302 IPC against the appellant. Pursuant to the same, the investigation was taken over by P.W-23 and he went to the scene of occurrence and prepared the spot mahazar and the sketch marked as Ex.P19 and Ex.P7 respectively. P.W-23 collected the bloodstained earth and ordinary earth under M.O.7 and M.O.8 and prepared Ex.P8 in the presence of witnesses. Thereafter, he proceeded to the Sivakasi Government Hospital and he conducted inquest on the body of the deceased and prepared an inquest report (Ex.P20) in the presence of witnesses.