RENGASAMY Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.249 of 2007 on the file of the learned Additional District and Sessions Judge, Fast Track Court, No.II, Pattukottai. He stood charged for offences under Sections 302 and 341 IPC. By judgment dated 30.01.2008, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/ -, in default, to undergo rigorous imprisonment for one year for the offence under Section 302 IPC and to pay a fine of Rs.500/ -, in default, to undergo simple imprisonment for one week for the offence under Section 341 IPC. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution, in brief, is as follows: The deceased in this case was one Mr.Vairavan. He was a resident of Udaiyakottai Village. There was a rumor that the accused had illicit intimacy with the wife of one Meiyappan of the same village. The deceased intervened in the matter and tried to compromise between the parties and settled the issue. That was not to the liking of the accused. This developed into an enmity for the occurrence. It is alleged that on 20.04.2004, in the evening, the deceased, P.W.1 and few others played volley ball in the ground belonging to the local school. The game was over at 6.30 p.m. Then, all the participants went to the nearby borewell and had a bath. After that, the deceased proceeded in his motorcycle, bearing Registration No.TN 55 B 9684, to his house. He was followed by P.W.1 and others in their respective motorcycles. When the deceased was going ahead on the school road and negotiating a turning, around 7.30 p.m., suddenly, the accused emerged there. He was armed with an aruval. He restrained the deceased and mounted attack on him with aruval indiscriminately. P.Ws.1,2,3 and others raised alarm. On seeing them, the accused ran away from the scene of occurrence. According to the prosecution, there was enough light available at the place of occurrence. Then, P.W.1 and others took the deceased to the Government Hospital at Peravoorani. The Doctor available in the hospital, after giving first aid treatment, advised him to be taken to the Thanjavur Medical College Hospital. Accordingly, the deceased was immediately rushed to Thanjavur Medical College Hospital and admitted there as an inpatient. But, the Doctor, who attended on him, declared him dead and send the body to the mortuary. P.W.1 went to Sethubavachathiram Police Station and made a complaint at 5 a.m. on 21.04.2004. Ex.P1 is the complaint and Ex.P11 is the FIR.

(3.) Based on the above materials, the trial Court framed charges as detailed in the first paragraph of the judgment. The accused denied the same. In order to prove the case, on the side of the prosecution, as many as 21 witnesses were examined, 20 documents and 5 material objects were marked. On the side of the accused, one document was marked as Ex.D1.