SAMPATH ALIAS PALANI Vs. STATE

JUDGEMENT

(1.) SAMPATH @ Palani, appellant, who is the sole accused in S.C. No. 187 of 1999, on the file of learned Additional District Session Judge (East Tract Court), Kancheepuram, challenges his conviction and sentence of life imprisonment under Section 302 I.P.C. in this appeal.

(2.) THE prosecution case in a nutshell is as follows: THE accused is the brother"s son of the deceased. THE deceased is having two brothers P.Ws. 11 and 12. THE accused is the son of P.W. 12 through his first wife, Chokkammal. THE accused was residing at Door No.58,Kilandai Raja Street,Kancheepuram along with his father - P.W.12, mother and his wife and children. Originally, the deceased was also having a share in the above said Door No. 58 house along with his two brothers, P.Ws. 11 and 12. THEreafter, there was a partition among the brothers the deceased and P.Ws. 11 and 12. THE house bearing Door No. 58 which was allotted to P.W.12, father of the accused, was sold to P.W.11, brother of the deceased and P.W.12. THEreafter, P.W.12 was requested by his brothers, the deceased and P.W.11 to vacate the house and P.W.12, shifted his residence to Maduranthottam. THE accused continued to reside at the same house bearing Door No. 58. P.W.11 and his brother, the deceased, insisted the accused to vacate the house and since the accused did not vacate the above said house, there were frequent problems between the accused and the deceased family.

(3.) MEANWHILE, the Doctor, P.W.18, attached to Kilpauk Government Hospital, examined the deceased on 8.11.1998 at 12.55 p.m. and took the deceased to the operation theatre. But due to low pressure and profused bleeding, the deceased died. The Doctor sent the death intimation to the police station under Ex.P.16.