D PRAKASAM Vs. STATE

JUDGEMENT

(1.) THE appellant, sole accused in Sessions Case No.93 of 2007, questioning the conviction and sentence passed by the learned Principal Sessions Judge, Vellore, by judgment dated 9.10.2007, has preferred this appeal.

(2.) THE charge against the appellant is that on 16.10.2005 at about 8.30 p.m., with an intention to cause the death of one Mathiazhagan @ Mathi, went to Mathiazhagan's house with his son Sathishkumar and hit Mathiazhgan's head with a fire wood and thereby caused his death and thus, committed an offence punishable under Section 302 I.P.C.

(3.) ON the other hand, Mr.N.R.Elango, learned Additional Public Prosecutor, sustaining the judgment of the trial Court, submits that the evidence of the eye witnesses are cogent, natural and trustworthy and in view of the settled proposition, their evidence cannot be brushed aside merely on the ground of interested witnesses and the prosecution has also established the motive part of the occurrence. Therefore, the learned Additional Public Prosecutor submits that the impugned judgment is well-founded and no interference is called for.