RATHINAVEL Vs. STATE REP BY THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT. (CRIME NO.95 OF 2013)

JUDGEMENT

(1.) The appellant, the sole accused in S.C.No.122 of 2014, has come up with this appeal challenging the conviction and sentence imposed on him by the learned Principal District and Sessions Judge, Dharmapuri District. He stood charged for offences under Sec. 302 I.P.C. and Sec. 25(1-B) of the Indian Arms Act. By judgment dated 30.11.2016, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 in default to undergo rigorous imprisonment for three months for offence under Sec. 302 I.P.C. and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000.00 in default to undergo rigorous imprisonment for three months for offence under Sec. 25(1-B) of the Indian Arms Act.

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

(3.) Out of the said witnesses, P.W.1 (Govindaraj), P.W.2 (Kasthuri) and P.W.3 (Thamizharasi) spoke about the occurrence as eyewitness. At the end of the trial, the learned Principal District and Sessions Judge, Dharmapuri by judgment dated 24.07.2015, convicted the accused under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 in default to undergo simple imprisonment for three months for the offence under Sec. 302 I.P.C and to undergo simple imprisonment for three years and to pay a fine of Rs. 5,000.00 in default to undergo simple imprisonment for three months for the offence under Sec. 25(1-B) of the Indian Arms Act. Challenging the said conviction and sentence the appellant/accused filed an appeal in Crl.A.No.634 of 2015.