A. ASHOK KUMAR Vs. SUNDER SINGH AND ORS.

JUDGEMENT

(1.) THE conviction and sentence dated 29.04.2013 passed in Sessions Case No. 260 of 2012 by the Principal District and Sessions Court, Thoothukudi are being challenged in the present Criminal Appeal. The case of the prosecution is that due to previous animosity on 31.07.2011, at about 18.00 hours, near cemetery of Kallathikinaru, the accused has deterred the de facto complainant by name Ashok Kumar and his brother by name Johnson. In the place of occurrence, with intention to murder the said Johnson, the accused has attacked him by using a deadly weapon and thereby caused fatal injuries on his person and subsequently passed away. In the place of occurrence, the accused with intention to murder the de facto complainant Ashok Kumar, has attacked on his person, by using the very same weapon and thereby caused injuries. Further the accused has attacked him and thereby caused grievous injuries. The accused has also threatened the de facto complainant and others. After occurrence, the de facto complainant has given Ex. P. 1, the complaint to the Inspector of Police (P.W. 13) and the same has been registered in Crime No. 71 of 2011 under Sections 341, 307, 324 and 506(ii) of the Indian Penal Code.

(2.) ON receipt of Ex. P. 1, P.W. 13 has conducted initial investigation and after the demise of the deceased, Section of law has been changed and also made arrangements to conduct autopsy on the body of the deceased and the doctor by name Selvamurugan (P.W. 11) has conducted autopsy and he found the following external and internal injuries:

(3.) THE trial Court after hearing both sides and upon perusing the relevant records has framed first charge against the accused under Section 341 of the Indian Penal Code, second charge under Section 302 of the Indian Penal Code, third charge under Section 307 of the Indian Penal Code, fourth charge under Section 326 of the Indian Penal Code and fifth charge under Section 506(ii) of the Indian Penal Code and the same have been read over and explained to him. The accused has denied the charges and claimed to be tried.