IYYANAR Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 31.1.2007 made in S.C.No.136 of 2006 on the file of the District Principal Sessions Judge, Namakkal convicting the accused/appellant for the offence under Section 302 I.P.C. and sentencing him to undergo life imprisonment and to pay a fine of Rs.1000/ -, in default to undergo two months rigorous imprisonment.

(2.) THE charge against the accused is that due to the prior enmity with regard to return of vehicle pledged by the accused with one Murugan, the accused, with an intention to commit murder of the said Murugan, on 21.4.2006 at 6.00 a.m. attacked him with a big wooden reaper on his head when he was sleeping in a tapecot in front of his puncture shop at Thiruchengodu Main Road near Karuveppampatti Road Junction and then caused to fall a granite stone on his head thereby causing injuries on the front side of the head, forehead, nose, left eye, left side of the lip and on the brain which resulted in the death of Murugan due to shock and hemorrhage, and thereby he had committed the offence punishable under Section 302 I.P.C.

(3.) BEFORE the trial Court, the prosecution has examined P.Ws.1 to 13 and marked Exs.P1 to P.21 along with material objects 1 to 15 to prove the charge against the accused. The accused did not choose to examine any witness nor marked any documents. On behalf of the Court, C.W.1 and C.W.2 were examined and exhibits C1 to C5 were marked.