NAGRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) NAGARAJ, the appellant herein, has been convicted for the offence under S. 301 r. /w. 302, i. P. C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-in default to undergo further Rigorous Imprisonment for a period of one year. Challenging the same, he has filed this Appeal.

(2.) THE brief facts, leading to the conviction of the appellant, are as follows :

(3.) MR. R. Srinivasan, the learned counsel appearing for the appellant, while assailing the judgment of conviction, by pointing out various portions of the judgment, would contend that the evidence adduced by the eye-witnesses, P. Ws. 1 to 3, is not reliable, especially when there is unexplained delay in lodging the complaint. It is also pointed out that when P. W. 1 was surrounded by P. Ws. 2 and 3 along with ten others, who are the supporters of P. W. 1, it could not be said that the deceased would have attacked with the knife, without any provocation. Further, a suggestion has been put to all the eye-witnesses that since the accused was beaten by the witnesses and others who are supporting P. W. 1, the accused, in exercise of his self-defence, had attacked the deceased and as such, the accused cannot be convicted for the offence under Section 301, r/w 302, I. P. C. and at the most, he could be convicted for the offence under S. 304 (1)or 304 (11), I. P. C.