ALAGARSAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed by the life convict, who was found guilty and charged under Sec. 302 IPC by the trial Court.

(2.) According to the prosecution, the deceased and the accused are neighbours. They have the persistent dispute regarding pathway. On the day of the event, after attending a funeral, both were returning home and due to previous enmity, quarrel erupted in between them on the way to home and ended in accused murdering the deceased by hitting the deceased with a grinding stone on the fore-head.

(3.) The Criminal Law was set in motion by the deceased, who was at the relevant point of time inside the house and came out of the house on hearing the alarming noise, she saw the accused sitting on her husband and causing injury with stone on the head. Two other witnesses who were neighbours also came out hearing the noise. Seeing them, the accused has flew away from the scene of occurrence. Hoping that the injured husband is alive, P.W.1 has arranged for ambulance, but the ambulance people on examining the deceased, informed her that he is dead. Narrating the same complaint - Ex.P1 was lodged by P.W.1 and the same was taken up for investigation. On completion of investigation, the accused was found committed for the offence under Sec. 302 IPC, charges framed by the trial Court and accordingly, the accused was tried.