ELANGOVAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants are arrayed as first and second accused in S.C.No.5 of 2010 on the file of the learned First Additional District and Sessions Judge, Coimbatore. They stood charged for the offence under Section 302 IPC by judgment dated 10.03.2010. The Trial Court convicted them under Section 304(2) IPC and sentenced to undergo 5 years Rigorous Imprisonment and imposed a fine of Rs. 2,000/- each in default to undergo 1 year Simple Imprisonment. Now challenging the said conviction and sentence, the appellants are before this Court with the present criminal appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) Out of the said witnesses, P.W.1 is the father of the deceased. He has stated that prior to the occurrence, due to the land dispute, accused filed a civil case against him, later the same was ended in his favour. Subsequent to that he sold out the property pertaining to the said civil suit. He has further stated that on 08.12.2008, at about 9 p.m., when the deceased Ponnusami is sitting near to the Vinayagar Temple, by using the wooden logs, both the accused attacked the deceased on his head. After hearing the hue and cry made by the deceased, he went to the occurrence place and found the deceased is in unconscious stage. Subsequently, he took and admitted the deceased in Ramakrishna Hospital and lodged a complaint before the Police.