GANDHIKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.56 of 2009 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Ariyalur. He stood charged for offence under Section 302 I.P.C. By judgment dated 18.06.2012, the trial Court convicted the accused for offence under Section 302 I.P.C., and sentenced him to under go imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the accused/appellant is before this Court with this Criminal Appeal.

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

(3.) On 16.03.2009 at about 9.00 pm the deceased was standing in front of his house under construction. At that time, the accused came there and developed quarrel with the deceased. The accused questioned the deceased as to why he had declined to pay any amount from the pension drawn by his father. At the end of the quarrel, it is alleged that the accused took out a wooden log and attacked him indiscriminately on his head. It was witnessed by P.Ws.1 to 3. When they attempted to catch-hold of the accused, the accused threatened them and fled away from the scene of occurrence. P.W.1 immediately, rushed the deceased to the Thanjavur Medical College and Hospital and admitted him as in-patient. At that time, the deceased was unconscious. The doctor who admitted the deceased at the hospital duly gave intimation to the police.