AYYANDURAI Vs. STATE

JUDGEMENT

(1.) THE conviction under Section 302 I.P.C. imposed upon the appellant is being challenged in this appeal.

(2.) ACCORDING to the prosecution, on 30.12.1994 at about 8.00 a.m., the deceased Babu, brother of the accused, was coming to his house and stared at the accused. Some months prior to the date of occurrence, the deceased attacked the wife and child of the accused with reference to which, a case was registered and in that case, he was sent to jail and he came out on bail. The accused on noticing that the deceased was staring at him, took revenge against the deceased to finish him off once for all. Then, the accused followed the deceased and entered into his house and attacked him with aruval and wooden log. The deceased died at the spot. Then, the accused went to the Village Administrative Officer (P.W.5) at 10.45 a.m. and gave an extra-judicial confession (Ex.P1) which was recorded by P.W.5 V.A.O. Then, P.W.5 produced the accused and Ex.P1 extra-judicial confession along with Ex.P2 report to the Sub Inspector of Police (P.W.10). The case was registered under Section 302 I.P.C. P.W.11 Inspector of Police took up investigation and went to the scene and observed all the formalities. He conducted inquest and examined the witnesses. After finishing the investigation, he filed the charge sheet.

(3.) TWO sets of materials have been collected during the course of investigation: (1) The witnesses saw that the deceased was being chased by the accused near his house on the date of occurrence. (2) The extra-judicial confession Ex.P1 made by the accused to P.W.5 V.A.O.