MURUGAN . Vs. STATE

JUDGEMENT

(1.) THE appellant, who is the accused in Sessions Case No.56 of 2001 on the file of the Additional District and Sessions Judge (Fast Track Court No1), Madurai, has filed this appeal challenging the judgment, dated 27.03.2002, convicting him under Sections 302 and 307, I.P.C. and sentencing him to undergo life imprisonment under Section 302, I.P.C. and seven years rigorous imprisonment under Section 307, I.P.C. The sentences were ordered to run concurrently.

(2.) THE charge against the appellant is that on account of the prior enmity that existed between the appellant and the deceased Karunanidhi, on 22.09.2000 at 8.00 a.m. at Aranmanai Coffee Estate, Puliyuthu, the appellant armed with an aruval (M.O.9), with an intention to cause the death of the deceased, cut him indiscriminately on his front neck and right cheek by saying "get lost with this", which resulted in his instantaneous death and in the course of the same transaction, the appellant cut P.W.3 Venkitammal, his first wife, with the same weapon, on her left shoulder by saying "get lost with this".

(3.) THE brief facts of the prosecution case are as follows: