POOSARI ALIAS SEERANGAN Vs. STATE

JUDGEMENT

(1.) APPELLANT is the Accused in S. C. No. 92 of 1992 on the file of Additional Sessions Court (Fast Track Court), Namakkal. This Appeal is directed against the Judgment (dated 13. 11. 2002), convicting the Accused under Sec. 302 i. P. C (causing Murder of Deceased-Raman); and under Sec. 307 I. P. C (attempting on the life of P. W. 1-Ponnan) and sentencing him to undergo Life Imprisonment and Five years Rigorous Imprisonment (ordered to run concurrently ). For the conviction under Sec. 302 I. P. C, learned Sessions Judge also imposed fine of rs. 1000/ -.

(2.) DECEASED-Raman is the Nephew of P. W. 1-Ponnan. They are related to each other. Case of Prosecution is that the Accused is a Drunkard and leading a wavered life and the Accused used to frequently demand money from the DECEASED. Further case of Prosecution is that on 09. 01. 2002 b 03. 00 p. m, near the house of P. W. 12-Pazhanal (Mother of DECEASED b Raman) the accused came there and demanded money from the DECEASED. When the DECEASED refused to pay any amount, angered over the same, the Accused with the intention of committing the Murder, inflicted two cut injuries on his Head.

(3.) P. W. 18-Sub Inspector of Police had taken up the investigation. Scene of occurrence b house of Pazhanal was inspected in the presence of Witnesses. Ex. P. 2-Observation Mahazar and Ex. P. 21-Rough Plan were prepared on the scene of occurrence. P. W. 18 had examined the deceased-Raman and recorded his Statement under Ex. P. 22.