RAJU NAICKER S/O NAICKER Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No. 75 of 2002 on the file of Additional Sessions Judge, Fast Track Court No. II, Tuticorin. He was charged for the offence under Section 302 IPC, tried therefor, found guilty thereunder and sentenced to undergo life imprisonment and also to pay a fine of Rs. 500/-, in default to undergo six months rigorous imprisonment. Challenging the said conviction and sentence, the present appeal has been filed by him.

(2.) To bring home the charge against the accused, the prosecution examined 11 witnesses as P.Ws.1 to 11 and marked 16 exhibits as Exs.P-1 to P-16. In addition to the above, M.Os.1 to 6 were marked.

(3.) (a)According to the prosecution, there was a long standing civil dispute existed between P.W.1 Pitchammal and the accused in connection with a family property. Subbiah Naicker (the deceased in this case), father of P.W.1, supported her. In pursuance of the said dispute, on 21.04.2000 at about 6.00 p.m., the accused approached P.W.1 at Meenatchipatti and insisted that she should vacate the house as he had to put up construction on the disputed place. Subbiah Naicker, the deceased, picked up a quarrel with the accused and refused to vacate the house. Hence the accused developed enmity with Subbiah Naicker. Due to the said enmity, on 23.04.2000 at about 9.00 a.m., when Subbiah Naicker was grazing the cattle belonged to his another daughter Isakkiammal in the dry land of one Pandi Naicker, the accused, with an intention to commit murder of Subbiah Naicker, attacked him with 'cozhiwal aruval' on his front forehead, right eye-brow, right side head, chin, etc. and caused bleeding injuries. Subbiah Naicker succumbed to the said multiple injuries on the spot itself. P.W.1 and P.W.2 Jakkammal were present in the scene of occurrence and they were the eye-witnesses to the occurrence. P.W.3 Chockalingam came to the scene of occurrence on hearing about the incident. P.W.10, on his way home after collecting firewood, found P.Ws.1 and 2 weeping near the dead body of the Subbiah Naicker and he informed the same to Isakkiammal. Thereafter, P.W.1, along with P.W.3, went to the police station and lodged the oral complaint with P.W.8, the Sub-Inspector of Police, who recorded the oral complaint, Ex.P-1, at 1.00 p.m. on 23.4.2000 and based on which he registered a case in Crime No. 125/2000 under Section 302 IPC and prepared Ex.P-12 FIR. He sent the same to the Court as well as to the higher authorities through P.W.5 Constable. Ex.P-6 is the passport given to P.W.5.