ACIT BORAN SAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant stands convicted under Section 449 and 302 IPC in S. C. No. 253 of 1996 on the file of the Court of Sessions and stand sentenced to undergo five years rigorous imprisonment together with fine of Rs. 1,000/- for the former offence and imprisonment for life with fine of Rs. 1,000/- for the latter offence. Default sentence is also provided for. Hence the appeal.

(2.) HEARD Mr. S. Shanmugavelayutham, learned counsel appearing for the appellants and Mr. N. R. Elango, learned Additional Public Prosecutor for the State.

(3.) THE prosecution case is that by trespassing into the house of Abheysingh " since deceased, the accused shot him with his rifle and thereby caused his death. The occurrence according to the prosecution is shown to have taken place at 4. 00 a. m. on 5. 2. 1995 i. e. , in the early hours immediately after the mid night of 4. 2. 1995. P. Ws. 1 and 5 are the sons of the deceased, while P. W. 4 is the wife of the deceased. Admittedly, in this case P. W. 1 alone had been examined as an eye witness to the occurrence and it is he who lodged Ex. P. 1 with P. W. 38, the Sub-Inspector of Police. Therefore, we summarise the evidence of P. W. 1 here under: