GOPAL Vs. STATE

JUDGEMENT

(1.) This criminal appeal is against the Judgment, dated 29.07.2004 made in S.C. No. 163 of 2003 on the file of the I Additional District and Sessions Judge, Dharmapuri.

(2.) The appellant is the Accused No. 1 in S.C. No. 163 of 2003. By Judgment, dated 29.07.2004, the trial Court, while acquitting the second accused for the charge under Sec. 302 r/w 109 IPC, convicted the appellant herein/first accused for the offence under Sec. 302 IPC and sentenced him to undergo Life Imprisonment and also to pay a fine of Rs. 1,000/ -, in default to undergo Rigorous Imprisonment for one year. Challenging the said conviction and sentence, the first accused has come forward with this appeal.

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