SENTHILKUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No. 54 of 2010 on the file of the learned District and Sessions Judge, Kanyakumari Division at Nagercoil. He stood charged for the offences under Sections 294 -B and 302 IPC. By judgment dated 18.12.2012, the trial Court acquitted the accused from the charge under Section 294 -B IPC, but convicted him for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/ -, in default to undergo simple imprisonment for four years. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows;

(3.) THE learned counsel for the appellant would submit that the presence of PWs.1 & 2 is doubtful. He would further submit that since they are closely related to the deceased, their evidences require very close scrutiny. He would further submit that the medical evidence does not corroborate the eyewitness account. The learned counsel would next submit that even assuming that the accused had caused the said injury, the offence committed by him would not fall under Section 302 IPC and the same would fall only under Section 304(i) IPC.