RAMESH Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder and on being found guilty as per the charge and awarded life imprisonment by the Court of Sessions, Dharmapuri, in S. C. No. 33 of 1998, has brought forth this appeal.

(2.) THE short facts, excepting the unnecessary details, for the disposal of this appeal are as follows:-

(3.) ON 3. 10. 94 at about 7. 00 p. m. , P. W. s 1, 2 and the deceased left from Peria Yelagiri to Hosur to witness a night show. They entered the cinema theatre and were witnessing the show. The appellant was also witnessing the said show. P. W. 3 was the Manager and P. W. 4 was the watchman of the theatre. While P. W. s 1, 2 and the deceased came out of the theatre after the show, the deceased went to bring his TVS Moped. At that time, the appellant suddenly sprung on the deceased with a knife, M. O. 1, and stabbed him indiscriminately. When P. W. s 1 and 2 tried to interfere, they were also intimidated by him. Thereafter, the appellant left the place of occurrence. P. W. s 1 and 2 went to Hosur police station where P. W. 9, the Sub-Inspector of Police was on duty. At about 1. 00 a. m. , P. W. 1 gave a complaint, Ex. P-1 to P. W. 9, on the strength of which a case came to be registered in crime No. 506/94. The express first information report, Ex. P-12 was despatched to court and the Inspector of Police was informed about the registration of a crime.