ARUCHAMY Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the judgment dated 30. 11. 2001 rendered in S. C. No. 86 of 2001 by the Court of II Additional Sessions Judge, Coimbatore, thereby convicting the appellant who was the sole accused before the trial Court for the commission of offence punishable under Section 302 IPC and sentencing him for life imprisonment further ordering to pay a fine of Rs. 1000/- in default to undergo rigourous imprisonment for 3 months.

(2.) THE charge as framed against the appellant/accused before the trial Court was that the appellant/accused and the deceased Selvam @ Selvaraj were the residents of Marulpatti Village, Udumalpet Taluk; that the appellant/accused and the cousin of the deceased Selvam @ Selvaraj namely Nagammal were having illicit intimacy, which was objected to by the deceased Selvam @ Selvaraj, resulting in a panchayat held 25 days prior to the date of occurrence and during the panchayat, following the wordy altercations in between the appellant and the deceased Selvam @ Selvaraj, the appellant/accused was assaulted by the deceased, as a result of which the appellant/accused developed enmity towards the deceased.

(3.) THE further charge was that on 29. 12. 2000 at about 5. 00 p. m. while the deceased Selvam @ Selvaraj and the witness Subramaniam were sitting and talking on the road side near the place called Salai Goundachi Thottam at Marulpatti Village, the appellant/accused under the pretext of conversing with them and with an intention of causing death of the Selvam @ Selvaraj took out an Aruval and cut the right side neck of the said Sevlam @ Selvaraj indiscriminately, as a result of which the said Selvam @ Selvaraj died of shock and haemorrhage on the spot and hence the charge for the commission of offence punishable under Section 302 I. P. C. against the appellant/accused before the trial Court.