THIMMARAYAPPA Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the Judgment, dated 18.08.2003, made in S..C. No.1 of 2002 on the file of the Principal Sessions Judge, Dharmapuri at Krishnagiri.

(2.) THE appellant herein is the sole accused in the sessions case referred above, who was convicted for an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5000/- with default sentence. As per the prosecution case, the appellant on suspicion that the deceased Noorsha had illicit intimacy with his wife, with the intention to kill him, took Noorsha to his garden land belongs to the appellant on 09.10.1998 and at about 5.30 p.m to 5.45 p.m, inflicted multiple injuries on the vital parts of the deceased by bill hook and caused his death, and thereby committed an offence of murder, punishable under Section 302 IPC.

(3.) CONSIDERING the oral and documentary evidence adduced in this case and the arguments advanced by both sides, the learned Sessions Judge held that the charge framed against the appellant / accused under Section 302 IPC has been proved beyond reasonable doubt and hence convicted him under Section 302 IPC and sentenced to undergo imprisonment for lift and to pay a fine of Rs.5,000/- and in default, to undergo for a further period of six months Rigorous Imprisonment. Aggrieved by which, this appeal has been preferred by the accused.