EASWARAN Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.116 of 2015 on the file of the learned Sessions Judge, Magalir Needhimandram (Magalir Fast Track Court), Erode. One Mr.Raghunath was the second accused in the case. The Trial Court framed a charge under Section 302 IPC against the first accused and a charge under Section 302 r/w 34 IPC against the second accused. By judgment dated 16.12.2015, the Trial Court acquitted the second accused, however, convicted the first accused/appellant herein for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo simple 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.) While so, on 11.05.2014, at 11.30 a.m., the accused and other family members were available at their house. At that time, the deceased came to the house of the accused and stood on the verandah. The accused 1 and 2 were then in the hall of the house. On seeing the deceased, the first accused questioned her as to why she had come to his house. The deceased replied that she had come there to settle the issue between her and the second accused and to demand for marriage. This developed into a quarrel. The first accused suddenly went into the house and shortly, came out with an Aruval in his hand. The second accused joined him. Both of them dragged the deceased into their house, where the first accused repeatedly cut the deceased. The deceased died on the spot. Then the accused 1 and 2 fled away from the scene of occurrence.