SRINIVASAN Vs. STATE

JUDGEMENT

(1.) APPELLANT is the accused in S. C. No. 14 of 1997 on the file of Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Cuddalore. By the Judgment dated: 13. 11. 1997, the Appellant / Accused was convicted under S. 304 (II) I. P. C. and sentenced to undergo Rigorous Imprisonment for a period of Five Years.

(2.) CASE of Prosecution could briefly be stated thus:-There had been previous enmity between the accused Srinivasan and deceased Chakravarthy on purchase of lands. On the evening of 04. 04. 1993 5. 00 p. m. , P. W. 1 Natesa Padayachi and the deceased Chakravarthy were proceeding to hand over the Cane. At that time, the accused shouted at the deceased that he could not purchase the land only because of the deceased and saying that the deceased had been responsible for selling the land to P. W. 4 Gopal by P. W. 5 Kadharkodi, the accused had beaten Chakravarthy with M. O. 1 Bamboo Stick on the left Ear. Chakravarthy had fallen down. Thereafter the accused had further beaten the deceased on the back side of his Head. P. W. 1 Natesa Padayachi prevented the accused. P. W. 2 Ramalingam also came there and prevented the accused.

(3.) REGISTRATION of the case and investigation:- After the occurrence, P. W. 1 Natesa Padayachi had taken the injured Chakravarthy to Mangalampettai Police Station. Injured Chakravarthy was unable to talk and in unconscious state. P. W. 1 lodged Ex. P. 1 Complaint on the occurrence. On receipt of Ex. P. 1 Complaint, P. W. 9 Head Constable, attached to Mangalampettai Police Station registered the case in Crime No. 94 of 1993 under Ss. 294 and 325 I. P. C. under Ex. P. 11 First Information Report. Injured Chakravarthy was sent to Ulundurpet Government Hospital for treatment with Memo.