RATHNAVEL Vs. STATE

JUDGEMENT

(1.) The appellant, the sole accused in S.C. No. 122 of 2014 on the file of the learned Principal Sessions Judge, Dharmapuri, who stands convicted for offences under Sec. 302 I.P.C. and Sec. 25(1-B) of Indian Arms Act and sentenced to undergo imprisonment for life and pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for three months for the offence under Sec. 302 I.P.C and to undergo simple imprisonment for three years and pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for three months for the offence under Sec. 25(1-B) of the Indian Arms Act has come up with this appeal challenging the said conviction and sentence.

(2.) The case of the prosecution in brief is as follows:

(3.) When the above incriminating materials were put to the accused under Sec. 313 Crimial P.C. he denied the same as false. On his side, one Palanivel was examined as D.W.1. He has stated about the previous enmity between the deceased and the accused. He has further stated that on the day of occurrence at around 06.30 p.m. he heard a loud noise caused by a gunshot. He found the deceased falling down with gunshot injuries. From the other side, the brothers of the deceased were running towards the deceased with two guns in their hands. They lamented that an error had occurred and at that time, he found the accused fleeing away from the scene of occurrence. In effect, the crux of his evidence is that the brothers of the deceased had used two country made guns to shoot the accused. But, by mistake, it hit the deceased and the accused ran away from the scene of occurrence.