RAJAN @ DAVID RAJA Vs. STATE REP. BY INSPECTOR OF POLICE AANAIMALAI POLICE STATION, COIMBATORE DISTRICT (CRIME NO. 337/2004)

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No. 159 of 2005 on the file of the Additional District and Sessions Judge, (FTC -I) Coimbatore. He stood charged for offences under Sections 302, and 506(ii) Penal Code (2 counts). By judgment dated 01.08.2011, the Trial Court convicted him under Sec. 302 Penal Code alone and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000.00, in default to undergo rigorous imprisonment for 3 months. 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:-

(3.) On 02.10.2004, around 6.30 p.m., the deceased had gone go the tailoring shop owned by P.W.1 in the same village. After having spoken to him for few minutes, the deceased went to the barber shop near the shop of P.W.1. When the deceased was in the barber shop, the accused suddenly emerged there. He was having an aruval in his hand. He attacked the deceased with Aruval indiscriminately on his head, hands and other parts of the body. The occurrence was witnessed by P.Ws.1 and 2. On seeing them, the accused fled away from the scene of occurrence with the weapon. P.Ws.1 and 2 cried for help. P.W.3 rushed to the place of occurrence and at that time, he found the accused fleeing away from the scene of occurrence. P.W.4 also came to the place of occurrence. Then P.Ws.1 to 4 took the deceased to a private hospital at 7.45 p.m. Dr. K.S. Alva examined the deceased at 7.45 p.m. on 02.10.2004 at his private hospital. He found cut injuries on the head of the deceased and there was profuse bleeding. Since the condition of the deceased was critical, he gave transfusion of blood to retrieve him. He referred him to the Coimbatore Government Hospital, since there was no improvement in the condition of the deceased. P.W.10 - Dr. R. Sekar admitted him at the Coimbatore Government Hospital at 10.00 p.m. on 02.10.2004. At that time, the deceased was unconscious. He gave treatment to him. At 1.20 p.m. he died in the hospital succumbing to the injuries.