SAMBATH KUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGING the conviction and sentence dated 30. 3. 2004 imposed on the appellant/accused in s. C. No. 107 of 2003 on the file of learned sessions Judge, Perambalur, convicting him for the offence under Section 302, IPC and sentencing to undergo life imprisonment with fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for three months, the accused has come forward with the present appeal.

(2.) THE allegation in the charge framed against the accused is that due to previous enmity with the deceased with respect to money transaction, during the midnight on 20. 4. 2003, when the deceased Ramesh was sleeping in the terrace of a Community Hall at Thirumalapadi Village, the accused cut the deceased with aruval resulting in his death and thereby alleged to have committed an offence punishable under Section 302, IPC.

(3.) THE prosecution case, which rests upon the evidence of eye-witnesses, is as under: