KANDASAMY GOUNDER Vs. STATE

JUDGEMENT

(1.) (Appeal filed under Section 374(2) Cr.P.C. against the judgment of conviction and sentence made in S.C.No.340 of 2004 dated 29.12.2004 on the file of the I Addl. Sessions Judge, Coimbatore.) The appellant is the sole accused in S.C.No.340 of 2004 on the file of the I Additional Sessions Court, Coimbatore, where he was tried and convicted for the offences punishable under Sections 447, 302 and 201 I.P.C. and sentenced to undergo R.I. for three months with a fine of Rs.100/-, in default to undergo R.I. for one week, life imprisonment with a fine of Rs.500/-, in default six months R.I. and one year R.I. with a fine of Rs.500/-, in default to undergo R.I. for three months respectively. All the sentences were ordered to run concurrently.

(2.) THE charge against the accused is that due to the prior enmity with one Kaliappa Gounder on the false impression that the said Kaliappa Gounder was the reason for fencing the common pathway thereby preventing the accused from using the said pathway, the accused on 7.8.2003 at 10.00 p.m., criminally trespassed in to the Etty Tree Garden of Kaliappa Gounder; that on the same day, same place and time, with an intention to cause death, when the said Kaliappa Gounder was sleeping in a cot, the accused attacked him with 'Nelinji Stick' on his chest and cut on his head and face indiscriminately with a billhook and that with the intention of screening the offence in order to escape from legal punishment, threw the body of Kaliappa Gounder in a well situated in the garden and thereby caused disappearance of evidence of the offence.

(3.) THE brief facts of the prosecution is as follows: