SUNDAR Vs. STATE

JUDGEMENT

(1.) The appellant, the sole accused in S.C.No.124 of 2011 on the file of the learned IV Additional Sessions Judge, Ponneri, Thiruvallur District, has come up with this criminal appeal challenging the conviction and sentence imposed by the trial court under Section 302 of IPC to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for three months by judgment dated 24.01.2014.

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mr. Ayyakannu. Mr. Ayyakannu was a building contractor. He used to engage the accused to transport the building materials to the work spot in the cart owned by the accused for hire. After some time, the deceased declined to hire the bullock-cart belonging to the accused. The accused was enraged over the same.

(3.) On 06.05.2008 at about 01.00 p.m., it is alleged that near the shed belonging to the deceased there was a quarrel between the accused and the deceased on account of the above dispute. During the quarrel, it is alleged that the accused kicked the deceased and pushed him down. After the deceased had fallen, it is alleged that, the accused dropped a grinding stone on his head and ran away from the scene of occurrence. The occurrence was witnessed by P.Ws.1 and 3. P.W.1 immediately engaged an auto-rickshaw and took the deceased to a private hospital where the Doctor advised P.W.1 to take the deceased to Stanley Government Medical College Hospital, Chennai. Accordingly, P.W.1 took him to the Stanley Government Medical College Hospital. P.W.14 Dr. Selvaraj, examined the deceased and declared him dead. The body was sent to the mortuary. Ex.P.7 is the accident register which came into being at 02.15 p.m. on 06.05.2008. P.W.14-the Doctor, gave an intimation to the police also.