MALUKU MOHAMED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant is the sole accused (hereinafter referred to as the 'accused') in Sessions Case No. 360 of 2003 on the file of learned Principal sessions Judge, Kanyakumari District at nagercoil. The accused questions the correctness of the judgment dated 31-1-2003 rendered in the above stated sessions case, whereunder he was convicted for the offence punishable under Ss. 341, 302 and 324, I. P. C. and sentenced to undergo simple imprisonment for one month under S. 341, I. P. C. , imprisonment for life with a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months under S. 302, I. P. C. and rigorous imprisonment for two years under S. 324, I. P. C. The sentences were directed to run concurrently.

(2.) THE charge against the accused is that on 12-10-1999 at 6. 45 a. m. , he wrongfully restrained the deceased Samsudeen and his son, P. W. 1, which is punishable under S. 341, I. P. C. , in the course of the same transaction, he attacked the deceased on his head by using a rice pounder, with an intention to cause his death and inflicted grievous injuries, causing the death of the deceased, which is punishable under S. 302, I. P. C. , and also attacked P. W. 1 on his head with the same weapon and caused simple injury, which is punishable under S. 324, I. P. C.

(3.) THE prosecution story, unleashed from the evidence of the witnesses examined by them, is as follows :