KANDASAMY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.103 of 2000 wherein the present appellant was arrayed as A1, who along with his wife-A2 was charged under Section 302 r/w 109 IPC and convicted and sentenced under Section 325 IPC to undergo two years RI and fine of Rs.1000/- with default sentence. The co-accused, the wife of the appellant, was acquitted from the charges levelled against her.

(2.) THE short facts of the prosecution case is that on 14.7.1999 at about 15.00 hours, the A1/appellant in front of his house due to previous enmity and with the instigation of A2 assaulted the deceased with hands on his back, chest and kicked him from the piol to the ground due to which the victim sustained grievous injury on his head as a result of which he breathed his last on 15.7.1999 at about 6.00 am.

(3.) P.W.1 is the wife of the victim. According to her, on the date of occurrence A1 came to her house and abused her husband and assaulted him with hands and dragged him to his (A1) house and that she(P.W.1) and others followed the accused and the victim and when they reached the house of the accused, A2 came out of the house of the accused and abused the victim in filthy language and also caught hold of the hair of the victim facilitating A1 to fist the victim on his face. When the victim was sitting on the piol of the accused, the A1 kicked him which resulted the victim fell from the piol on the ground and sustained injury on his head. According to P.W.1, her husband has also sustained an injury on the lower part of his lip and that a mediation took place at the intervention of P.W.12 and that she and her husband returned to their house after consulting a private doctor P.W.6, who gave prescription and ointment for headache and that both of them went to sleep and in the morning at about 6.00 am, she found her husband lying dead in the bed. She has sent word to her father-in-law P.W.14 and mother-in-law and that P.W.14 came to her house at about 2.00 pm on the following day of the occurrence and as per his instructions she was about to go to the police station to prefer a complaint, on her way she met P.W.7-VAO and narrated the incident which was reduced to writing and P.W.7 accompanied her to the police station where she preferred Ex.P.1-complaint.