KUTTY ALIAS VINCENT Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Principal Sessions Division, Chennai made in S.C.No.511 of 2006, whereby the sole accused/appellant stood charged under Sections 302 and 324 IPC, tried, found guilty as per the charges and awarded life imprisonment and to pay a fine of Rs.1000/-, in default to undergo three months SI under Section 302 IPC, six months R.I. under Section 324 IPC and the sentences were ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus:

(3.) ADDED further the learned counsel in his second line of argument that even according to prosecution, there was a quarrel between the deceased and the accused in a tea stall in morning hours that it is true after the purchase of tea, he threw the same and left the place that at 12.00 noon, the said occurrence has taken place that according to the prosecution, there was quarrel even at the time of occurrence and when the quarrel reached pitch, the accused took the knife and attacked her and when P.W.1 intervened, she was also attacked that it is not the case of prosecution that at the time of occurrence, he was armed with any weapon, but because of the quarrel and due to sudden provocation, he has acted so and the act of the accused was neither intentional nor deliberate, but it was only compelled by the situation and hence it would not attract the penal provision of murder and this legal position has got to be considered by this court.