CHINNAPPAN ALIAS KARUPPUSAMY Vs. STATE

JUDGEMENT

(1.) CHALLENGING the legality and correctness of the judgment of conviction and sentence imposed on the appellant/sole accused in Sessions Case No.132 of 2006 by the learned Principal Sessions Judge, Erode, the present appeal has been brought forth before this Court. On being tried for an offence of murder, the appellant was convicted and sentenced to imprisonment for life and was also directed to pay a fine of Rs.5,000/-, in default to undergo one year rigorous imprisonment.

(2.) THE prosecution had put in the challan against the appellant/accused before the Court charging that on 9.4.2006 at about 6.30 p.m., in a wordy quarrel with regard to a dispute in using a cart track at Pullankattu Kavuru channel situated between the lands of the appellant and the deceased Palanisamy Gounder, the appellant, with an intention to cause death, hit the deceased Palanisamy Gounder on his right hand with a weeding spade and after Palanisamy Gounder fell down, with an aruval, inflicted indiscriminate cut injuries on the head and face, due to which, the deceased died and thereby, committed an offence punishable under Section 302 I.P.C.

(3.) THE learned senior counsel appearing for the appellant submits that the evidence of eye witnesses, P.Ws.1, 3 and 4 cannot be believed, since they are related to the deceased and hence, interested witnesses and that even if the entire facts of the case are taken to be true, the offence committed by the appellant will not fall within the ambit of Section 302 I.P.C. and he is entitled for the benefit of Exception 1 to Section 300 I.P.C.