JOHN Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) The sole accused, who was convicted for an offence under Sections 341 and 302 of IPC and sentenced to undergo one month simple imprisonment for the offence under Section 341 of IPC and to undergo life imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo, three months simple imprisonment for the offence under Section 302 of IPC, by the learned Principal Sessions Judge, Tirunelveli, by judgment dated 21.03.2017, has preferred this appeal.

(2.) The case of the prosecution is that the deceased Roopanraja and the appellant are the residents of Oodaikaranpatti Village at Cheranmahadevi Taluk. There was previous enmity between both of them. While the appellant used to wash his clothes and take bath near a water pipe, it used to be objected by the deceased and Others in his family. Prior to the occurrence there was a wordy altercation between the deceased and the appellant, on 08.11.2015 in front of a tea shop. On 09.11.2015 at about 7.15 pm, when the deceased was walking towards CSI Church situated at Karisalpatti, Oodaikaranpatti Village, the appellant waylaid the deceased and started uttering filthy words against the deceased and thereafter attacked the deceased person with a billhook on his neck repeatedly and thereby caused his death.

(3.) Pw.1, who is the brother of the deceased and who was also cited as an eye witness by the prosecution, went along with PW.2 to the Police Station and gave a complaint (Ex.P.1) at about 9.00pm and an FIR (Ex.P.27) came to be registered by the respondent Police for the alleged offence under Sections 341, 294(b) and 302 of IPC in Crime No.196 of 2015.