(1.) THE sole accused, younger brother of the deceased, on conclusion of the trial, suffered the judgment of conviction and sentence dated 29.11.2006 made in S.C.No.114 of 2006 on the file of learned Additional District & Sessions Judge, Fast Track Court, Tirupattur, to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for six months for the offence under Section 302, IPC. Hence, he has preferred the above appeal.
(2.) THE allegation in the charges framed against the accused is that on 18.7.2004 at about 6.30 am, at Melnellimarathur Village, the accused, on noticing the deceased cutting a tree in the common pathway belonging to himself and the deceased and due to the land dispute, armed with Koduval alleged to have caused injury on the neck, left cheek and left shoulder with an intention to kill him and the deceased was succumbed to the injuries on 20.7.2004 at 12.30 pm in the hospital and thereby alleged to have committed an offence punishable under Section 302, IPC.
(3.) PER contra, learned Additional Public Prosecutor contends that (i) the occurrence was witnessed only by P.W.1, who is the son of the deceased. He is the natural witness who accompanied the deceased to the land, where the occurrence had taken place. Merely because he happened to be closely related to the deceased, his evidence cannot be brushed aside. (ii) Similarly, since P.W.2 also speaks about the motive for the occurrence, her witness also cannot be rejected on the ground that she is wife of the deceased and therefore, she is an interested witness. (iii) It is true that the deceased started cutting trees, which were found in the common land. It is the case of the prosecution that the deceased had cut the trees, only for the purpose of facilitating his easy entry to the land. But this was mistaken by the accused as if the disputed one cent of land is being taken possession by the accused and therefore, the occurrence has taken place. The dispute, which was in existence for five years and the assault by the accused with deadly weapon would substantiate the offence under Section 302, IPC.