ELUMALAI Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in Sessions Case No.297 of 2005 on the file of Principal Sessions Judge, Vellore and he was tried and convicted for the offence of murder of one Govindasamy on 24.4.2004 at about 2.30 a.m. and sentenced to imprisonment for life. Aggrieved by the said conviction and sentence, the present appeal has been preferred.

(2.) THE charge against the appellant is that on 24.4.2004 at about 2.30 a.m., with an intention to cause the death of one Govindasamy due to enmity, as the fire set by the deceased to destroy the beehive that was a menace in his land, spread over to the adjacent lands and consumed the crops and also three heifers, which were under the care of the accused, stabbed him with a knife on his neck and also hit with stone on his head and chest and thus caused his death and thereby committed the offence punishable under Section 302 I.P.C.

(3.) PER contra, learned Additional Public Prosecutor, sustaining the Judgment of the trial Court, submits that (i) In view of the direct ocular testimony of P.Ws.1 and 2 and the motive for the occurrence having been strongly established through witnesses, the above contentions of the learned counsel for the appellant could be construed as trivial in nature; and (ii) Though there is no need for the police to summon sniffer dogs to the scene, the fact remains that the evidence with regard to the same is not ordinarily of much weight.