GANESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE accused who suffered the judgment of conviction in a case of murder moves this appeal. THE learned Principal District and Sessions Judge, Coimbatore, convicted the accused under section 302 IPC and sentenced him to undergo life imprisonment and imposed a fine of Rs.5,000/-, in default to undergo RI for a further period of one year.

(2.) THE charge as against the accused is that on 14.06.2002 at about 1.00 pm at Munisamy Nagar Main Road, Covai Ramanathapuram, the accused, having dashed the bicycle driven by the deceased from behind with TVS Scooty-vehicle, attacked him with billhook on his head and left side of the neck with an intention to cause his death and committed murder punishable under Section 302 IPC.

(3.) VEERAN/P.W.3 a watchman working in a Doctor's house nearby to the scene of occurrence has spoken to the fact during the course of the Chief-examination that he came out of the house hearing some noise and witnessed the whole occurrence. But, if we go through the cross-examination portion, we find that he has blabbered that he had not come out of the house when the occurrence took place. It is his version that occurrence could not be seen from the house. Taking into consideration the version of P.W.3 in the cross-examination, we find that he could not have witnessed the occurrence at all. Therefore his evidence does not inspire judicial confidence.