C AROCKIYASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.2 of 2006 on the file of the learned Sessions Judge, Sivagangai. He stood charged for the offence under Sections 302 and 307 IPC. By judgment dated 11.10.2006, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 302 IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 307 IPC. 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 senior counsel appearing for the appellant would submit that the earliest version in the case stated by PW1 has been suppressed by the prosecution and in its place, Ex.P1 has been substituted as an after-thought. He would further submit that PW1 had told PW4, when she had taken PW2 to the hospital, that PW2 was attacked by a known person with aruval in his field, whereas, according to the prosecution, the accused stabbed him with a knife in a thrashing floor. The learned senior counsel would submit that this contradiction has not been explained away by the prosecution. He would next submit that since the occurrence had taken place during night hours, that too in the thrashing floor, there would have been no light at all to notice the assailants by even the injured witness. Thus, according to the learned senior counsel, the prosecution has failed to prove the case beyond reasonable doubts. He would further submit that even assuming that the prosecution has proved that it was this accused who caused the death of the deceased and caused the injuries on PW2, the said act of the accused would not fall under Sections 302 and 307 IPC. According to him, the act of the accused would fall only under Section 304(i) and 324 IPC.