PALANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant stands convicted in S.C.No.112 of 1998 on the file of First Additional Sessions Judge, Krishnagiri, Dharmapuri District by judgment dated 31.10.2003 for an offence under Section 302 IPC for which he stands sentenced to undergo imprisonment for life together with a fine of Rs.2,000/- carrying a default sentence. Heard Mr. M.G.L. Sankaran, learned counsel appearing for the appellant and Mr.V.M.R. Rajendran, learned Additional Public Prosecutor for the State.

(2.) The prosecution case is that at about 6.00 p.m. on 26.1.1996, due to prior enmity, the accused murdered the victim by name Perumal by severing his neck and thus committing his murder. To substantiate their case, the prosecution examined P.Ws.1 to 13, besides exhibiting Exs.P.1 to P.32 and marking M.Os.1 to 12. The defence neither brought in any documentary nor oral evidence.

(3.) Perumal is the deceased in this case. He is the younger brother of P.Ws.1 and 2. In other words P.Ws.1 and 2 are his sisters. P.W.1s evidence is to the following effect: