MARIAPPAN Vs. STATE

JUDGEMENT

(1.) Sole accused in Sessions Case No. 21 of 1995 on the file of Sessions Judge, Nilgiris at Udhagamandalam, aggrieved by the conviction and sentence of life imprisonment imposed on him, has filed the above appeal.

(2.) For convenience, we may refer the appellant as accused as arrayed in the trial Court. On 06-02-94 at about 3 P.M at Koottada Estate, P.W.1 and her husband one Ponnusamy were working in the garden. At that time, the accused due to previous enmity with the said Ponnusamy, came there with a "Vettu kathi"/knife-M.O.1, questioned the deceased Ponnusamy why he interfered in his love affairs and cut him with the knife on his neck, head, right leg, left leg, right hand, left hand and other parts of his body. Ponnusamy's wife-P.W.1, his daughter-P.W.2 shouted for help. when people came running, the accused ran away. The Estate workers brought him to Government Hospital, Kothagiri from where he was referred to Coimbatore Medical College Hospital, but, on way to hospital, Ponnusamy died on 6-2-94 at about 19.00 hours. Based on the complaint of the deceased-Ex.P-1, given to Sub Inspector of Police, the accused was charged for an offence under Section 302 IPC. On the side of the prosecution, 17 witnesses were examined as P.Ws.1 to 17, Exs. P-1 to P-18 were marked and M.Os. 1 to 7 were marked. No oral evidence was let in and document was marked on the side of the accused. After considering the materials placed, the learned Sessions Judge accepted the case of the prosecution, found the accused guilty under Section 302 IPC and sentenced him to life imprisonment. The accused challenges the conviction and sentence in this appeal.

(3.) The case of the prosecution is briefly stated hereunder: