K PALRAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Principal District and Sessions Judge, Coimbatore, dated 23.10.2007 made in S.C.No.218 of 2006 convicting the sole accused, Palraj, under Section 302 IPC and sentencing him to undergo imprisonment for life and imposing a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment and also convicting him under Section 324 IPC and sentencing him to undergo one year rigorous imprisonment. Both the sentences are ordered to run concurrently.

(2.) THE facts of the case, as projected by the prosecution, are as follows:

(3.) MR. V. Gopinath, learned senior counsel appearing for the appellant contended that the prosecution has miserably failed to prove its case by adducing clear and cogent evidence. It is contended that there are contradictions in material particulars between the evidence of the alleged eye-witnesses, P.Ws.1 to 6 and P.W.9 and it is not safe to place reliance on their evidence. It is further submitted that the accused has no acquaintance with the Doctor, P.W.7 and as such he could not have reposed confidence on P.W.7 to give the extra judicial confession. The learned senior counsel would further contend that even assuming that the accused is responsible for causing the death of the deceased, he could not have been imputed with the intention of causing the death of the deceased and the entire occurrence took place due to a sudden quarrel without any premeditation.