NAGARAJAN Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 30.12.2005 made in Sessions Case No.165 of 2005 on the file of the learned Principal District and Sessions Judge, Namakkal, whereunder the appellant was convicted for the offence punishable under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two months. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Hon'ble Court.

(2.) AS per the charge, the appellant on 17.3.2004 at 8.15 a.m. in front of the Mariamman Temple, Perungurichi village, questioning the deceased Marappan along with others about the panchayat disqualifying him from performing pooja, indulged in quarrel, kicked him on his private part, in which the deceased sustained injury in his testicle and died thereafter and thereby committed an offence punishable under Section 302 I.P.C.

(3.) THE case of the prosecution is that the appellant along with other persons were performing pooja in turn for every week. About one year prior to the date of occurrence, during the turn of the appellant, while performing pooja, he was under intoxication and the deceased and others found the conduct of the appellant as derogatory and injuncted the appellant from performing pooja any more for the temple. Under such circumstances, P.W.3 Arunachala Pandaram was informing the panchayatdars on 17.3.2004 at 8.00 a.m. in front of the temple that the appellant was threatening him by saying that he became unemployed on account of the decision made by the panchayatdars. At that time, the deceased and the appellant came there and indulged in quarrel. THE appellant during the quarrel made an attempt to assault P.W.3, which was questioned by the deceased. At that time, the appellant is alleged to have kicked on the private part of the deceased in which he fell down and subsequently succumbed to death.