MOHAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the conviction and sentence dated 20th day of February 2006 passed in Sessions Case No. 395 of 2005 by the Principal District and Sessions Court, Cuddalore.

(2.) THE schema of the case of the prosecution is that the accused and the deceased, namely Mohan and Dhananjayan are friends. On 30.4.2006 at about 6 p.m, the accused has taken the deceased to a toddy shop by way of saying that he is having sufficient money to purchase. In previous occasion, a miff has arisen in betwixt them with regard to supply of toddy and on their way to toddy shop with intention to murder the deceased, the accused has attacked him by using a stone and thereby caused fatal injuries on his person and subsequently the deceased has been admitted in hospitals. On 3.5.2005, the deceased has succumbed to injuries. After occurrence, the brother of the deceased, by name, Dhavachelvan has given a complaint and the same has been registered in Crime No. 124 of 2005. The complaint alleged to have been given by the defacto complainant has been marked as Ex.P.1.

(3.) THE successor in office of P.W.15, by name Sundaravadivelu has conducted further investigation, examined further witnesses and after completing the same, laid a final report on the file of Judicial Magistrate Court No. 1, Cuddalore and the same has been taken on file in P.R.C. No. 9 of 2005.