SELVI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence of the appellant/accused for the offence under Section 302 IPC to undergo imprisonment for life and also to pay a fine of Rs.1,000/-, in default to undergo six months imprisonment by the judgment of the learned Sessions Judge, The Nilgiris dated 15.9.2005 made in S.C.No.39 of 2005.

(2.) THE appellant is the sole accused and the case of the prosecution is that the accused was residing in a tent made of plastic sheets at a site belonging to one Sait. P.W.1 and her husband-Sakthivel, the deceased, were also residing in the same site. All of them were eking their livelihood by collecting and selling waste materials and empty bottles. P.W.1 and the accused were not in good terms. On 2.6.2004 at about 10.15 p.m., there ensued a quarrel between one Murugan and P.W.1 and due to the said quarrel the said Murugan suffered fits and fell in front of the tent of the accused. THE deceased, who was in inebriated condition, came there to see the said Murugan but, unable to balance himself, he also fell on the tent of the accused as a result of which the food kept inside the tent of the accused got splashed. P.W.4 pushed the deceased inside the tent to see the splashing of food. Enraged over the splashing of food, the accused stabbed the deceased with a knife on his left chest, right chest and stomach.

(3.) P.W.9, the Inspector of Police in-charge of B-1 Town Central Police Station, Udhagamandalam, proceeded to the scene of occurrence at 6.30 a.m., on 3.6.2004 and prepared an Observation Mahazar, Ex.P-2 and also drew a rough sketch, Ex.P-11 in the presence of P.W.5 and another witness. He took photographs of the scene of occurrence and the said photographs and negatives are marked as Exs.P-12 & P-13 series. He recovered the bloodstained concrete pieces, M.O.2, sample concrete pieces, M.O.3, bloodstained towel, M.O.4 and the bloodstained paper pieces, M.O.5 under the mahazar, Ex.P-3. Thereafter, he conducted inquest on the body of the deceased in the presence of panchayatdars and witnesses between 9.15 a.m., and 11.15 a.m., and prepared the inquest report Ex.P-14. He sent a requisition under Ex.P-8 to the doctor for conducting post-mortem on the body of the deceased.