THIRU KAMARAJ Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 04.12.2007 passed by the Learned Additional District and Sessions Judge (Fast Track Court No.I), Ranipet in S.C.No.274 of 2006 are now under challenge in the present Appeal filed by the Appellant/Accused.

(2.) The Appellant/Accused was found guilty by the trial Court in respect of an offence under Section 326 of IPC and was awarded with a punishment of three years Rigorous Imprisonment and further he was directed to pay a fine of Rs.10,000/- and in default of payment of fine, he was also directed to undergo one month Rigorous Imprisonment. He was acquitted in respect of the offence under Section 294 (b). In as much as he was found guilty under Section 326 of IPC, the trial Court came to the conclusion that the charge under Section 323 of IPC was an unnecessary one. That apart, the trial Court, out of the fine amount of Rs.10,000/- imposed by it, directed a sum of Rs.9,000/- to be paid to P.W.1/victim as compensation.

(3.) The case of the prosecution is that on 13.04.2006, in Edaiyanthangal Village, at about 5.00 p.m. in the evening, the complainant Ramakrishnan went alongwith his father to take part in the function obsequies of Valliammal and at that time, P.W.2 (Settu) had informed already four days (before the occurrence) that the Appellant/Accused should not run the JCB machine during day time as a result of which a dispute arose based on prior enemity and that while P.W.2 was standing in the land belonging to Pandithar, near Harichandran temple, the Appellant/Accused went near P.W.2 and by uttering the ......(filthy words) took a hidden knife from his hip and by uttering " XXX XXX XXX. " (by now you get finished) stabbed him on his stomach as a result of which his stomach was torn and consequently, the Inspector of Police, Kaveripakkam had laid a charge sheet against the Appellant/Accused under Section 294(b), 323 and 307 of Indian Penal Code.