SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The Appellant is the Accused in S. C. No. 197/96 on the file of Second Additional Sessions Judge, Coimbatore. By the Judgment (dated 30-6-1997), the Second Additional Judge has convicted the Appellant/Accused under Sec. 304(11), I.P.C. and sentencing him to undergo Rigorous Imprisonment for five years.

(2.) Relationship of the parties is not disputed. P.W. 1 Nataraja Gounder is the brother-in-law of deceased Senthil. P.W. 2 Radhakrishanan is the brother of the deceased Senthil. Senthil got married and also has child. Since there was dispute between Senthil and his wife, Senthil, was living separately with his mother and brother P.W. 2. The deceased Senthy is alleged to have been having drinking habit. The deceased Senthil and the Appellant/Accused are relatives as well as friends.

(3.) On 17-9-1995 11.00 a.m., while P.W. 1 was standing in his "Kalam" (fsk;) he had seen the Appellant/Accused-Sivakumar, one Ravikumar and Senthil going on the way. P.W. 1 did not actually know where they have been going. On the same day at about 4.30 p.m. P.W. 1 learnt about the body of Senthil- lying near Tea Stall of one Rathinammal. When P.Ws. 1 and 2 went there, they found Senthil dead and body lying there.