SORIMUTHU Vs. STATE REPRESENTED BY

JUDGEMENT

(1.) The accused No.1 in S.C.No.92 of 2015 on the file of III Additional Sessions Judge, Tirunelveli is the appellant before us. He along with accused No.2 was charged for the offences under Sections 506(ii), 341, 294(b), 302 and 302 r/w 34 I.P.C. The accused No.2 was acquitted of all the charges. The appellant was convicted for offence under Section 302 I.P.C., while acquitted under Sections 506(ii), 341 and 294(b) I.P.C. Challenging the same, the present appeal has been filed.

(2.) The case of the prosecution is that, the deceased was having an affair with the sister of A1 and A2. The appellant being A1 is the brother of A2. The affair was objected by the appellant. The deceased refused to mend his ways. There was a wordy quarrel between the appellant, A2 on the one side and the deceased on the other side on the date of occurrence i.e., 12.08.2012. Thereafter, at about 1.45 p.m. in the place where P.W.5 was running a chicken stall, the appellant took a knife belonging to P.W.5 and attacked the deceased who was coming along with P.Ws.1 and 4. The deceased was taken to the hospital from which a statement was obtained under Ex.P.1. The complaint was registered at about 3.00 p.m. on 12.08.2012. Ex.P.11 is the death intimation of the hospital which indicates that the deceased was brought dead to hospital on 12.08.2012 at about 2.45 p.m. It also states that the relatives were informed thereafter. The appellant was arrested in the early morning hours on 13.08.2012 by P.W.31, who was the station house officer. He gave a confession statement under Ex.A.6, pursuant to which the recovery was made. Ex.A17 is the Inquest Report made by P.W.31. Ex.P.13 is the viscera report dated 17.08.2012. Ex.P.14 is the Observation Mahazaar dated 12.08.2012 along with Sketch Ex.A15. Finally, on completing the investigation, P.W.31 laid the charge sheet against the accused under Sections 506(ii), 341, 294(b), 302 and 302 r/w 34 I.P.C.

(3.) Prosecution Witnesses: