MARIYAPPAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal is filed against the judgment of the learned Principal Sessions Judge of Kancheepuram District at Chengalpattu dtd. 12/3/2018 in S.C.No.135/2013, whereby the appellant was convicted for an offence under Sec. 304 I.P.C., and was sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5,000.00.

(2.) On 28/4/2012 at about 01.00 am, when P.W.8 was on duty, PW1 came to the police station and lodged a complaint stating that the victim namely one Mr.Tharun, his son-in-law returned home at about 11.30 pm and at that time the accused who is a neighbour was watching television with loud noise which had disturbed the child in their house and therefore the deceased went up to the accused and demanded reduction of the television volume, enraged, by which, the accused came out in a fit of rage with a knife and stabbed him on the left side chest. Immediately, he took him to the nearest private hospital, where he was declared to be dead and therefore the complaint.

(3.) A case was registered in Crime No.825/2012 for an offence under Sec. 302 I.P.C. Initially PW8 and thereafter PW9 took up the investigation, completed the same and laid a final report which was taken on file as P.R.C.No.74/2012 before the Judicial Magistrate, Alandur and after furnishing the copies as per Sec. 207 of Cr.P.C., the case was committed to the Court of Sessions under Sec. 209 of Cr.P.C., and was taken on file as S.C.No.135/2013. The Trial Court framed the charge under Sec. 302 IPC and when the charge was read over, and the appellant was questioned, he denied the charge and stood trial.