MURUGESAN Vs. STATE

JUDGEMENT

(1.) The first appellant is the first accused in S.C.No.222 of 2011 on the file of the learned I Additional District and Sessions Judge, Salem. The second accused was one Mrs.Vasuki. The trial Court framed as many as four charges. The first charge was against A.1 and A.2 for offence under Section 307 r/w 34 I.P.C; the second charge was against A.1 for offence under Section 302 I.P.C; the third charge was against A.2 for offence under Section 302 r/w 34 I.P.C and the fourth charge was against A.1 for offence under Section 324 I.P.C. By judgment dated 25.04.2013, the trial Court acquitted A.2 from all charges however, convicted A.1 for offence under Sections 302 & 307 I.P.C. The trial Court sentenced A.1 to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo further period of one year simple imprisonment for the offence under Section 302 I.P.C., and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/- in default to undergo one year of simple imprisonment for the offence under Section 307 I.P.C. The trial Court acquitted A.1 from the other charges. Challenging the said conviction and sentence, the appellant/A.1 is before this Court with this Criminal Appeal.

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

(3.) At 9.30 pm on 16.03.2010, under the above stated impression and driven by the motive, A.2 came to the house of P.W.1 and pulled her daughter by name Ms.Kalaivani to her house. A.1 was just returning to his house with a knife which was used for cutting sugarcane. On seeing Ms.Kalaivani (P.W.3) being pulled by A.2, A.1 rushed towards them and started cutting P.W.3. He stabbed on her chest, head and hand and caused grievous injuries.