EASWARAN ALIAS EASWARAMOORTHY Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal preferred under Sec.374(2) of the Code of CRIMINAL Procedure, 1973 against the judgment of the Principal Sessions Judge, Erode Division at Erode, made in S.C.No.180 of 2005 dated 6.7.2006.) Challenge is made to a judgment of the Principal Sessions Division, Erode, made in S.C.No.180 of 2005 whereby the appellant/sole accused stood charged under Sec.302 of IPC, tried, found guilty of murder and awarded life imprisonment with a fine of Rs.10000/- and default sentence.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) THE learned Counsel in the second line of argument would advance that as per the evidence of P.Ws.1 and 2, both the accused and the deceased were doing jaggery business, and the accused was facing loss in his business, and he was under the impression whether right or wrong it was due to the direction given by the deceased to the customers to go to the shop of P.W.5 that the evidence would go to show that on the date of occurrence, when the accused was standing in front of his house, the deceased was just proceeding, and there was a wordy altercation, and immediately, he went inside the house, took a sickle and then attacked him that it would indicate that at the time of the occurrence the accused was not armed with any weapon but only after the wordy quarrel, he got inside and took sickle out that under the circumstances, there was a sudden quarrel preceding the occurrence that there was no premeditation or intention for the accused to act so, and under the circumstances, it has got to be considered by this Court.