PERIASAMY Vs. STATE

JUDGEMENT

(1.) APPELLANT is the accused in S.C.No.46 of 1997 on the file of Principal Sessions Court, Salem. By the judgment dated 21.7.1997, the Principal Sessions Judge, has convicted the appellant/accused under Sec.304, Part II, I.P.C. for causing the death of Chinnammal. The accused was acquitted of the murder charge under Sec.302, I.P.C.

(2.) THE deceased Chinnammal, aged about 65 years was having 15 cents of land immediately adjacent on the Northern side of her house. THE accused Periasamy is living on the East of the house of deceased. THE house of accused is adjacent to the land of the deceased also. On enjoyment of the boundary, there was frequent quarrel between the accused and the deceased and parties were inimically disposed towards each other.

(3.) PURSUANT to the requisition from the Inspector of Police, P.W.5-Dr.Viswanathan, attached to Mettur Government Hospital conducted Postmortem on the body of the deceased Chinnammal. He has noted Lacerated Injuries over left temporal region and below the 1st injury to bone deep, which has caused internal laceration on left cerebral hemisphere. Haematoma was seen. P.W.5 opined that the deceased "died of shock and Haemorrhage due to head injury". Noting the injuries, P. W.5 issued Ex.P-5-Post-mortem Certificate.