MURUGAN Vs. THE STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 63 of 2010 on the file of the learned III Additional Sessions Judge, Tiruvallur at Poonamallee. He stood charged for offence under Sec. 302 of IPC. The trial court, by judgment dated 26.07.2012, convicted him under Sec. 302 of IPC and sentenced him to under go imprisonment for life and to pay a fine of Rs. 1,000/ - in default to suffer rigorous imprisonment for a further period of one year. Challenging the above said conviction and sentence, the sole accused is before this court with the present criminal appeal.

(2.) The case of the prosecution in brief is as follows: - The deceased in this case was one Mr. Mohanraj. P.W. 1 and P.W. 2 are the wife and the daughter respectively of the deceased. They were residing at Door No. 26, 12th Street, Padi Pudunagar, Chennai. The deceased was a loadman by profession. On 14.01.2010 at about 08.00 p.m., the deceased had gone to 8th Street of Padi Pudunagar. By about 08.30 p.m., someone told P.W. 1 that there was a quarrel going on between the deceased and the accused. Immediately, P.Ws. 1 and 2 along with P.Ws. 3 and 4, who are neighbours, rushed to 8th street. When they reached the place of occurrence, they found that the quarrel was still in progress. In the said quarrel, it is stated that the accused attacked the deceased with a wooden log on his head and face. The deceased fell down. P.Ws. 1 and 2 and others tried to intercept and to save the deceased. The accused immediately fled away from the scene of occurrence. The deceased fell down in a pool of blood. P.W. 1 and others immediately took him to a private nursing home known as "Raj Nursing Home" situated near the place of occurrence. The Doctor in the said private nursing home on seeing the deceased told that there were serious injuries on his head and therefore, he should immediately be taken to the Rajiv Gandhi Government General Hospital at Chennai. Then, P.W. 1 arranged for an ambulance and took the deceased to the Government General Hospital at Chennai and admitted him at 10.00 p.m.

(3.) P.W. 14 Dr. Tamilselvan, attached to Rajiv Gandhi Government General Hospital, examined the deceased at 10.10 p.m. on 14.01.2010. At that time, the deceased was found unconscious. P.W. 1 told the Doctor that the deceased was attacked by a known person with a wooden log. P.W. 14 admitted the deceased as inpatient at 10.50 p.m. Ex. P.7 is the Accident Register.