N GANESAN Vs. STATE

JUDGEMENT

(1.) Appellant is the sole accused in the case tried in SC.No.54/2012 on the file of the I Additional District and Sessions Judge, Coimbatore for offence u/s.302 IPC. The Trial Court, under impugned Judgment dated 16.04.2013, found him guilty of offence u/s.304(i) IPC and sentenced him for life imprisonment and a fine of Rs.10,000/-, in default, 6 months rigorous imprisonment. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/accused.

(2.) The brief facts of the prosecution case, are as follows:-

(3.) Accordingly, P.W.1 and Kanagaraj, went in search of the accused. On such search, they spotted the accused at Mettupalayam in Ramasamy Nagar at 10.00 p.m. The deceased advised the accused to go to home with children, for which the accused replied that it is the routine job of P.W.1 and his brother to intervene in his family matter and by saying that, he picked a bill hook from his waist and cut the deceased on the knee. Immediately, the deceased fell down and the accused sat on his chest and cut him on his face repeatedly and also on his neck. P.W.1 on seeing the accused attacking the deceased rushed to the place of occurrence. One Amavasai and P.W.4, an auto driver also came to the rescue of the deceased. Immediately, the accused left the place. The deceased succumbed to the injuries there itself. The above occurrence was also witnessed by P.W.2 to 4 and the minor daughter of the accused also witnessed the occurrence. P.W.1 immediately lodged Ex.P.1 report with the help of P.W.1, to P.W.17 Sub Inspector of Police.