PANCHATCHARAM Vs. STATE

JUDGEMENT

(1.) CHALLENGING the conviction and sentence dated 30.11.2006 imposed on the appellant/accused in S.C.No.51 of 2005 on the file of learned District and Sessions Judge, Thiruvannamalai, convicting him for the offence under Sections 449 IPC and sentencing to undergo three years rigorous imprisonment with fine of Rs.3000/=, in default, to undergo one year rigorous imprisonment, and for the offence under Section 302 IPC to undergo life imprisonment with fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for One year, the accused has come forward with the present appeal.

(2.) THE allegations in the two charges framed against the accused Panchatcharam are that (i) due to previous enmity with the deceased Govindan with respect to a chit money transaction, on 28.12.2004 at 9.00 p.m., the accused trespassed into house of the deceased, thereby committed the offence punishable under Section 449 IPC, and (ii) with the intention to commit the murder of the deceased, fisted on his chest with hands and kicked on his stomach with his leg, which caused the instantaneous death of the deceased and thereby committed the offence punishable under Section 302, IPC.

(3.) AFTER completion of the evidence of the prosecution witnesses, when the accused was questioned under Section 313 Cr.P.C. as to the incriminating circumstances that appeared against him, the accused denied them as false and pleaded not guilty. However, neither any witness was examined, nor any documentary evidence was produced by the accused in support of his version.