PATTU ALIAS GOVINDAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S.C.168 of 1999 on the file of Principal Session Judge, Dharmapuri at Krishnagiri.

(2.) THE brief facts of the case relevant for deciding this appeal are that on 5.8.1997 at about 6.30p.m., the accused with an intention to cause murder of the victim Ganesan had assaulted him with hands on the nap, stomach and chest repeatedly which resulted in the death of the victim on the next day ie., on 6.8.1997 at 6.00p.m. 2. THE learned Judicial Magistrate, on appearance of the accused on summons had furnished copies under Section 207 of Cr.P.C. and since the offence is triable by the Court of Sessions had committed the case to the Principal Sessions Judge under Section 209 of Cr.P.C. THE learned Sessions Judge on appearance of the accused had framed charges under Section 302 of Cr.P.C. and when questioned, the accused pleaded not guilty.

(3.) WHEN incriminating circumstances were put to the accused under Section 313 Cr.P.C., he has denied his complicity with the crime. After going through the evidence both oral and documentary let in before the learned trial Judge, the learned trial Judge has held that the offence under Section 304(ii) of IPC has been made out against the accused and accordingly convicted and sentenced the accused to undergo two years rigorous imprisonment which necessitated the accused to prefer this appeal.