DHANABAL Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment made in S.C.No.289 of 2004 dated 22.11.2004 by the learned 1st Additional Sessions Judge, Coimbatore convicting the accused under Section 302 I.P.C. and sentencing him to undergo life imprisonment and also to pay a fine of Rs.1,000/ - in default to undergo three months simple imprisonment.

(2.) THE charge against the accused is that on 15.1.2004, when the accused, Rajendran (deceased), Rangaraj and Madhiazhagan, whose avocation is painting, were returning after collecting the daily wages of the said Rajendran and on the way consumed liquour from and out of the wages of Rs.150/ - earned by Rajendran and in order to consume some more liquour, the accused took a sum of Rs.50/ - from the pocket of the deceased Rajendran and consumed liquour that thereafter when the accused travelled as a pillion rider in the carrier of the cycle rode by Rajendran and the deceased travelled as a pillion rider in the carrier of the cycle rode by Madhiazhagan towards their village, at about 6.00 p.m., at Maniakarapalayam, in front of Sri Venkateswara Mill, as the deceased Rajendran scolded the accused for grabbing his money and consuming liquour, the accused, in a fit of anger, with the intention to cause death, attacked the deceased Rajendran with his hands severely and caused injuries to most part of the body of the deceased Rajendran and then pushed him against a fenced pillar stone and then pushed him in the tar road and caused fracture to his ribs, as a result of which he died on the same day at 11.00 p.m. at his house and that the accused had committed the offence punishable under Section 302 I.P.C.

(3.) THE case of the prosecution as put forth by its witnesses are as follows: