SURESH S/O GANESAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in Sessions Case No.72 of 2000 on the file of Principal Sessions Judge, Kanyakumari Division at Nagercoil. He was tried for an offence punishable under Section 302 I.P.C., found guilty of the said charge, convicted thereunder and sentenced to undergo life imprisonment and also to pay a fine of Rs.1000/-, in default to undergo simple imprisonment for six months. Aggrieved over the said conviction and sentence, this appeal has been filed by the accused.

(2.) THE facts of the prosecution case are briefly as follows.

(3.) THEREFORE, it is clear that a wordy quarrel arose between the accused and the deceased and after taking food, the accused challenged the deceased and went outside the shop and when P.W.2 and the deceased came out from the shop, the accused inflicted one stab injury on the right chest of the deceased which proved to be fatal. Apart from the evidence of P.W.2, there is the evidence of P.W.4, the shop owner, in whose presence the occurrence took place and it cannot be denied. It is true that P.W.3 has turned hostile. It is also true that other witnesses in the locality, like shop keepers, have not been examined on behalf of the prosecution. But, the evidence of P.Ws.2 and 4 is cogent and clear and the presence of P.W.4 in the place of occurrence cannot be disputed, because the wordy quarrel arose inside his shop and outside his shop the occurrence took place. The occurrence has taken place five feet away from the shop and therefore the presence of P.W.4 cannot be suspected.