MURUGAN Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 04.08.2011 made in S.C.No.26 of 2011 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Dharmapuri, thereby convicting the appellant/accused for the offence under Section 307 of IPC and sentencing him to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.500/-, in default, to undergo simple Imprisonment for three months.

(2.) The case of the prosecution is that the accused has three brothers and the complainant is also one of the brother. The accused along with the brothers effected partition of their ancestral property land measuring two acres. The complainant insisted the accused to make the partition of the land purchased from third party, for which the accused refused to do so. The accused due to this enmity, on 19.01.2010 at about 7.30 p.m. with an intention to cause death of the complainant, created huge noise and he lighted the torch on the face of the complainant. The accused assaulted the complainant on the right elbow with Koduval and scolded saying that on the death of the complainant then they will live peacefully. The accused assaulted the complainant, who suffered grievous injuries on his right side cheek, right side fore arm, scrotum right back side and right side stomach. He caused these injuries with an intention to kill him with knowledge that the act committed by him would cause death of the complainant. As such, on the complaint and the statement recorded as Ex.P1 from P.W.1 injured, P.W.8 registered the F.I.R in Crime No.59 of 2010, for the offence under Section 307 of IPC against the accused.

(3.) P.W.8 registered the case and handed over to the investigating officer P.W.9 for investigation. P.W.9 investigated the case and laid charge sheet against the accused.