SOORI ALIAS SOORIAMPALAYANATHAN ALIAS MARIMUTHU Vs. STATE

JUDGEMENT

(1.) R.Regupathi

(2.) THE appellant, sole accused in the case was convicted for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- in default to undergo simple imprisonment for 6 months. Aggrieved against the conviction and sentence, the present appeal.

(3.) P.W.2 also resides in the same village and knew both the accused and the deceased. He has been examined to substantiate the motive part of the case of the prosecution as well as as an eye witness. He has corroborated with the evidence of P.W.1. P.W.6 is also another eye witness. He has also corroborated the evidence of P.Ws 1 and 2. P.W.5 witnessed the quarrel of the deceased with the accused that took place in front of his house and at that time he made an attempt to compromise the issue. But the accused quarreled with him and therefore he went inside his residence and was sleeping. Suddenly on hearing the noise, he came out and found a crowd assembled and seen the dead body of the deceased and his head crushed. When the police came to the scene of occurrence by 6.30 pm., he was examined. P.W.4 is the wife of the deceased who has been examined to substantiate the motive for the case of the prosecution. It is her evidence that the deceased borrowed Rs.100/= from the accused and it was not returned. The accused came to his residence and made a demand for repayment of the money and it was informed to the accused. On the date of occurrence, he came to know about the death of the deceased caused by the accused.