P.BHUVANESH ALIAS BHUVANESHWARAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed as against the Judgment passed in S.C.No.139 of 2015, dtd. 20/4/2023, on the file of the Additional District Sessions Court (Fast Track) Nagercoil, Kanyakumari District, thereby convicting the appellant for the offences punishable under Ss. 302 and 449 of I.P.C.

(2.) The case of the prosecution is that the deceased and accused were residing in the same street. While being so, on 16/12/2013, when the deceased had gone out of his house, the accused allegedly had stolen 10 kgs of iron sheets. After enquiry, it was found that the accused had committed the theft and he was warned by the deceased and his daughter. Owing to this, the accused developed a motive to do away with the life of the deceased. On the same day, at about 02.30 p.m., the accused trespassed into the house of the deceased and indiscriminately attacked him by taking a plunger from the house of the deceased, causing grievous injuries on his head and face. Subsequently, the deceased succumbed to the injuries.

(3.) On the basis of the complaint, the respondent registered an F.I.R in Crime No.838 of 2013 for the offences punishable under Ss. 450, 294(b) and 302 of I.P.C. After completion of investigation, the respondent filed a final report and the same has been taken cognizance by the Trial Court.