DOSS Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.50 of 2005, on the file of the Additional District and Sessions Judge, Fast Track Court-III, Chengalpattu, at Poonamallee. He stood charged for the offence under Section 302 of the Indian Penal Code. By judgement dated 12.08.2005, the trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for two years. 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.) Based on the above materials, the trial Court framed a lone charge against the accused under Section 302 of the Indian Penal Code. Since the accused denied the same, to prove the case, on the side of the prosecution as many as 11 witnesses were examined, 12 documents and 10 materials objects were marked. Out of the said witnesses, P.Ws.1, 3 and 4 were examined as eyewitnesses to the occurrence. But, P.W.4 had turned hostile and he has not supported the case of the prosecution in any manner. P.Ws.1 and 3 have vividly spoken about the entire occurrence. They had stated that they went in search of the deceased and when they went near the shop of P.W.6, P.W.6 told them that the accused had taken a pepsi bottle from his shop, attacked the deceased and then they went to Rukmani 1st Cross Street. P.Ws.1 and 3 have further stated that when they went to Rukmani 1st Cross Street, they found the accused attacking the deceased with a wooden log and also a stone. P.W.1 has spoken about the complaint made by him also. P.W.5 has spoken about the observation mahazar and the rough sketch prepared, at the place of occurrence and the recovery of material objects. P.W.6 is the shop owner, from where, the accused had taken pepsi bottle and hit the deceased. He has spoken about the same. P.W.7 has turned hostile and he has not supported the case of the prosecution in any manner. P.W.8 has spoken about the arrest of the accused. P.W.9 has spoken about the photographs taken at the place of occurrence. P.W.10 is the husband of Mrs.Latha, he has stated about the motive. P.W.11 has spoken about the registration of the case and the investigation done and the final report filed.