D. PARTHIBAN Vs. STATE

JUDGEMENT

(1.) The appellant, then a student doing II year Bachelor of Engineering Course in an Engineering college in Kancheepuram District, stands convicted for offence under Sec. 302 I.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00 in default to undergo rigorous imprisonment for six months, on the allegation that he killed a fellow student doing II year B.E., course but in a different section due to animosity. The appellant challenges the said conviction and sentence.

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

(3.) On 05.09.2008, around 9.40 am, the deceased was sitting in his class room viz., II year ECE 'A' section. The class room of II year ECE 'B' section is adjacent to the 'A' section class room. There was a leisure time between 9.40 am to 10.00 am. At that time, it is alleged that the accused went into the class room of 'B' Section, where the deceased was sitting. There were also other students sitting in the class room. On reaching the deceased, the accused questioned about the earlier occurrence. This resulted in a quarrel. In the said quarrel, it is stated that the accused took out a wooden plank with steel frame lying in a corner of the class room and gave a single blow on the head of the deceased. The deceased sustained head injury and fell down. The occurrence was witnessed by many students in the class room including P.Ws.2 &