KALAIMANI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed, against the judgement of conviction and sentence, dtd. 7/7/2018, made in SC.No.145 of 2011, by the Additional District Sessions Court (Fast Track Court), Arni, Tiruvannamalai, thereby convicting and sentencing the Appellant/Accused, for the offence under Sec. 302 of IPC to undergo life imprisonment and to pay a fine of Rs.10,000.00, in default, to undergo six months Simple Imprisonment.

(2.) The case of the Prosecution has arisen on the basis of Ex.P1, complaint made by PW.1, father in law of the deceased, Elumalai, alleging that since the deceased stood as a witness in a criminal case against the Appellant, wherein he was convicted, previous enmity ensued between them and that in order to wreck vengeance, on 23/10/2010 at 2.00 p.m. the Appellant/Accused cut the neck of the deceased with an aruval, due to which the deceased died and hence, after completing the investigation, the Appellant/Accused was charge sheeted for the offence punishable under Sec. 302 of IPC.

(3.) The case was taken on file in SC.No.145 of 2011, by the Additional District Sessions Court (Fast Track Court), Arni,Tiruvannamalai and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the Prosecution had examined PW.1 to PW.18 and also marked Exs.P1 to P15 and Mos.1 to 7. On the side of the Defence, neither any witness was examined nor was any document marked. On completion of the evidence on the side of the prosecution, the accused was questioned under Sec. 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused had come with the version of total denial. The court below, after hearing the arguments advanced on either side and also looking into the materials available on record, had found the Appellant/Accused guilty and awarded punishments, as referred to above, which is challenged in this Criminal Appeal by the Appellant/Accused.