GOVINDASAMY ALIAS KOTTAI Vs. STATE

JUDGEMENT

(1.) THE appellant has preferred an appeal challenging the conviction and sentence imposed by the learned Additional Sessions Judge, Pondicherry at Karaikal in S.C.No.18 of 1988, dated 1.11.1988, wherein he was found guilty under Sec.302, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs.500.

(2.) THE case of the prosecution in brief is as follows: On 19.9.1987 at about 7.00 p.m. there was quarrel between one Selvaraj, brother of the deceased and the appellant regarding claim over a fence. THE appellant and his brother attacked Selvaraj and his brother Periyan, P.W.3 who came that way advised Selvaraj and his brother to go to the police station to give a complaint. THEy also went to the Police Station. At the time P.W.1, mother of Selvaraj came to the spot and enquired about the quarrel. P.W.10 who is the wife of Selvaraj came there and she was also beaten by the appellant and he also pulled her tuft. On seeing this, Thiruvethipathy aged about 8 years, who is the son of P.W.1 intervened to save P.W.1 THE appellant got wild and kicked the boy on the left side of his abdomen severely. THE boy unable to withstand the heavy kick, fell down and he was carried home by P.W.1. THE boy complained of severe pain and P.W.1 applied some oil. On the next day the boy vomited blood and, therefore, he was admitted in Government Hospital, Karaikal.

(3.) ON behalf of the prosecution, P.Ws.1 to 14 were examined and Exs.P-1 to P-9, were marked, Neither any witnesses nor any document was marked on the side of the defence. The learned Sessions Judge found the appellant guilty, convicted and sentenced him as aforesaid.