SIVAPANDI Vs. STATE

JUDGEMENT

(1.) The accused in S.C.No.63 of 2016 aggrieved by the judgment dtd. 21/2/2020 by which judgment, the learned Additional District and Sessions Judge (FTC), Theni, had convicted him for offence punishable under Sec. 302 IPC and had sentenced him to undergo life imprisonment and fine of Rs.5,000.00 in default to undergo imprisonment for a further period of one year simple imprisonment, has filed the present Criminal Appeal.

(2.) The case of the prosecution was that on 11/9/2009 at around 02.30 pm, when the appellant/accused and his friends were playing cards near Maravapatti Muthalamman Temple, the deceased Ranjith Kumar came there and sat down and started to advise one of the other players, Thangaraju, by saying do not put that card, do not put this card focussing against the accused. This led to a wordy quarrel between the accused and Ranjith Kumar, in the course of which, the deceased had abused the accused by using foul language and had taken a wooden log and assaulted the accused. At that time, those who were present had separated them. The deceased then told the accused to come to the banyan tree in the village crematorium wherein, they can engage in a fist fight. The deceased shouted as above. All of them separated and went away.

(3.) It is the further case of the prosecution that later, the accused with intention to kill the deceased, purchased a soori knife at Andipatti. In the evening at 05.20 pm on the same day, 11/9/2009, he had challenged the deceased, Ranjith Kumar, who was standing near Maravapatti Muthallamman Temple and called him to have a fist fight. The deceased, Ranjith Kumar responded and walked in front, creating a big noise with the accused was following him. They went to the north of the banyan tree in Maravapatti crematorium, near Palpandi land and near the wall of the land of Kandasamy. It is the case of the prosecution that at around 5.30 p.m., the accused stabbed the deceased Ranjith Kumar in the back and also on the left side upper stomach and hit him on the left side lower chest causing blood injuries. The deceased Ranjith Kumar was taken to K.Vilakku Government Medical College and Hospital but died on the way at around 06.40 pm.