GANAPATI Vs. STATE

JUDGEMENT

(1.) GANAPATHY aged about 18 in January 1980, the accused in Sessions Case No. 142/79 on file of the Court of Session, Tirunelveli, has directed this appeal challenging the judgment of the trial Court convicting him of an offence under section 302, Indian P.C., and sentencing him to undergo imprisonment for life and further recommending to the Government of Tamil Nadu for passing an order under S. 10 -A of the Tamil Nadu Borstal Schools Act (Tamil Nadu Act V of 1926) (as amended by Tamil Nadu Act No. 15 of 1959) (hereinafter referred to as the Act), directing him to be transferred to a Borstal School and to be detained there for certain number of years out of the total period of imprisonment (imprisonment for life) imposed on him.

(2.) THE accusation against the accused -appellant is that on 31 -3 -1979, at about 6.30 a.m., at Kuliyari village, he caused the death of Vadivelu, his step -brother, by dropping a big granite stone (M.O. 6) on his head. To substantiate the above charge, the prosecution examined P.Ws. 1 to 12, filed Exts. P -1 to P -17 and marked M. Os. 1 to 10. Ex. C -1 is the x -ray report and Ex. C -2 is the age certificate based on Ex. C -1.

(3.) P .W. 5, the medical officer, on receipt of Ex. P -5 from P.W. 12, contacted necropsy on the body of the deceased at about 4 p.m. on 31st March 1979 and found the following injuries (1) A cut injury, 1