SATHISH Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is against the Judgment of the Additional District Judge (Fast Track Court), Vellore, convicting and sentencing the appellant herein to life imprisonment and to pay a fine of Rs.500/- with usual default clause.

(2.) The appellant / accused has been challaned for the offence under Section 302 IPC for murdering his friend Chelladurai at 11 p.m on 07.02.2015 near Elementary School at Arupumedu, Erikarai.

(3.) The accused and the deceased were friends. The deceased was living with his mother. The deceased used to speak ill about the mother of the accused. The accused also informed the same to the mother as well as brother of the deceased to advise him properly. On the fateful day, the deceased came home after his work at about 6 p.m. The accused came to the house of the deceased and invited him to go out. The mother of the deceased P.W.2 also advised her son not to go out. Again at about 8 p.m, the accused called the deceased to go out for dining. After informing P.W.2, the deceased went along with the accused. P.W.5 Raman saw the deceased along with the accused talking with each other near the school compound on the night of 07.02.2015. P.W.4 saw the deceased with the accused taking liquor by sitting on the school compound wall at about 10 p.m on 07.02.2015. When P.W.1 brother of the deceased had been to nearby lake area for recess in the morning on 08.02.2015, he saw the crowd and found his brother Chelladurai was lying dead with cut injuries on the neck. Since he saw the deceased talking with the accused on the previous day evening and the accused already complained to P.W.1 about the ill speech about his mother by the deceased, he suspected and gave complaint Ex.P.1 in the Viruthambet Police Station.