ALAGUSUNDARAM Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) Heard Mr.S.Palanipackiam, learned counsel appearing for the appellant and Ms.J.Ananda Devi, learned Government Advocate (Crl.Side) appearing for the respondent.

(2.) This appeal has been filed to set aside the Judgment dated 28.09.2007 in S.C.No.89 of 2006 on the file of the Principal Sessions Judge, Theni. The appellant was convicted under Section 304(ii) of IPC and was sentenced to undergo four years Rigorous Imprisonment and to pay a fine of Rs.1,000/- (Rupees One Thousand only) in default to undergo one year Rigorous Imprisonment.

(3.) The case against the accused is that on 19.11.2005, at about 02.00 p.m., when the complainant and others went to Pandiyan Hotel near Koodalur Old Bus stand, the accused and others were already taking food there. When the deceased found a vacant chair near the accused, he tried to pull the chair. The chair slightly hit against the accused. The accused got irritated and arose a wordy quarrel. Due to the wordy quarrel, the accused assaulted the victim with fire wood. The accused dragged the victim infront of the hotel and assaulted him with fire wood and committed murder. The charge sheet was filed under Section 302 of IPC. After the trial, the Sessions Court found the accused guilty under Section 304(ii) of IPC and he was convicted and sentenced to undergo four years Rigorous Imprisonment and to pay a fine of Rs.1,000/- (Rupees One Thousand only) in default to undergo one year Rigorous Imprisonment.