PALANIYANDI Vs. STATE

JUDGEMENT

(1.) Palaniyandi, the appellant herein, was convicted for the offence under Section 302 and 506(ii) (4 counts) I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo a further period of three months rigorous imprisonment for the offence under Sec.302 IPC and to undergo six months rigorous imprisonment for each count under Section 506(ii) IPC by the judgment in S.C.No.130 of 1999 on the file of the I Additional Sessions Judge-Cum-Chief Judicial Magistrate, Salem. Challenging the same, the present appeal has been filed.

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

(3.) Mr.A.Thiyagarajan, learned counsel appearing for the appellant, would take us through the entire evidence and contend that the materials furnished by the investigating agency would suffer from various infirmities and he would further contend that there is no independent witness either for the previous quarrel ensued between the accused and the deceased with reference to the disputed land or for the main occurrence in which the deceased was done to death. The only evidence available is that of the interested witnesses and their evidence also appear to be artificial and as such, the accused is entitled to be acquitted.