SANGAN ALIAS PARAMASIVAM Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the accused, who convicted under Section 304( I) of IPC by the Second Additional Sessions Judge, Coimbatore in S.C.No.227 of 1999,is the appellant who is ranked as A1. The co-accused A2 was also convicted under Section 323 IPC and this was informed by the learned Additional Public Prosecutor that she has served the sentence and has not filed any appeal.

(2.) THE short facts of the case of the prosecution are that on 31.5.1997 at about 3.30p.m., in front of the Saravana Bhavan Hotel on the Trichy road, Ramanathapuram, Coimbatore District. THEre was a quarrel between the deceased Ramu and the appellant herein regarding conducting of a cobbler shop in front of Saravana Bhavan Hotel and both of them had thrown bricks against each other and infuriated by the act of the victim, the accused took a cobbler needle and stabbed on the neck of the victim below the left ear causing instantaneous death. According to the prosecution, the co-accused had also assaulted the victim with a brandy bottle.

(3.) WHEN the incriminating circumstances were put to the accused, he denied his complicity with the crime. The learned Sessions Judge, after going through the evidence, both oral and documentary and after hearing the learned counsel appearing for the appellants as well as the learned Public Prosecutor has come to a conclusion that the guilt against A1 has been proved beyond any reasonable doubt and accordingly convicted under Section 304(1) of IPC and sentenced to undergo 10 years rigorous imprisonment and convicted A2 under Section 323 IPC and sentenced to undergo one year rigorous imprisonment. No fine amount was imposed on the accused. Aggrieved by the findings of the learned Sessions Judge, A1 alone has preferred this appeal.