EDISION Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The accused in Sessions Case No. 49 of 1986 on the file of the Principal Sessions Judge, Tirunelveli, has preferred this appeal against his conviction under Sections 302 and 307 of the Indian Penal Code and the sentence to undergo Imprisonment for Life under Sec. 302 IPC., and Rigorous Imprisonment for five years under Sec. 307 Penal Code both the sentences to run concurrently.

(2.) The accused/appellant was tried for the above two charges on the allegation that on 23-3-1984 at about 6-30 P.M., between Kizhavaneri and Madappuram, due to previous enmity, cut his father David Nadar with an arrival on his head, hand fingers and left knee indiscriminately as a result of which he died instantaneously. During the course of the same transaction, he also attempted to murder Stella Mary (P.W.1), third wife of deceased David Nadar, by cutting her with an arrival on her head and chest.

(3.) To substantiate the above charges, the prosecution examined P.Ws. 1 to 21, filed Exs. P-1 to P-21 and marked M.Os.1 to 26.