LAWS(MAD)-2017-10-124

G. SELVAM Vs. STATE

Decided On October 07, 2017
G. SELVAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 72 of 2015, dated 16.12.2015 on the file of Mahilar Fast Track Court, Karur and he faced the trial on the allegation that on 29.08.2015 at about 9.00 p.m. the deceased Gunasekaran asked the accused not to come to his house. Enraged over the same, the accused brutally attacked the deceased using a wooden plank with an intention to murder him and thereby caused his death and thereafter he ran away from the scene of occurrence after threatening PW1 and PW3, who tried to catch the accused. Thus, he committed the offence punishable under Sections 294(b), 302 and 506(ii) IPC. The learned Trial Judge on completion of the trial by judgment dated 16.12.2015, found the accused guilty and sentenced as under: Conviction Sentence Section 302 IPC Life imprisonment + fine Rs. 1,000/- in default 1 month S.I. Challenging the said conviction and sentence, the appellant is before this Court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows:-

(3.) PW17 further re-examined the witnesses PW2 and PW3, who were residing near the place of occurrence and recorded their statement on 02.09.2015. After recovery of material object/MO1, PW17 sent the material object under Form 91 on 02.09.2015 to the concerned Judicial Magistrate Court. PW17, recorded the statement of Dr. Nagaraj, who has treated the deceased. Thereafter proceeded to Private Amaravathi Hospital, Karur and recorded the statement of Dr. Velusamy, who had treated the deceased in the said hospital. The investigation officer examined the witnesses and concluded the investigation and laid a final report against the accused for the offence punishable under Sections 294(b), 302 and 506(ii) IPC.