BHASKARAN Vs. STATE

JUDGEMENT

(1.) Bhaskaran, the accused, was convicted for the offence under Section 302 IPC. Challenging the same, this appeal is filed.

(2.) The facts, in brief, leading to conviction are as follows:-

(3.) While assailing the judgment and conviction, Mr.N.Duraisami, learned counsel for the appellant, would take us through the entire evidence and vehemently contend that the only piece of evidence, which is available in this case, is extra judicial confession, which cannot be acted upon, as the same has not been prepared by the Village Administrative Officer in accordance with the procedures contemplated in law and as such, the accused is liable to be acquitted. In the alternative, Mr.N.Duraisami would contend that even assuming that the entire case of the prosecution is true, the offence committed by the accused would not fall under Section 302 IPC and at the most, it would fall only under Exception 1 of Section 300 IPC, as the accused committed the offence by grave and sudden provocation and consequently, he could be convicted only under Section 304 (Part I) IPC.