V RAJA Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted for offence punishable under Section 304 (2) IPC and sentenced to undergo seven years Rigorous Imprisonment by the learned district and Sessions Judge, Udagamandalam in S. C. No. 30 of 2000 by judgment dated 20. 07. 2001.

(2.) THE brief facts, which are necessary for the disposal of this Criminal appeal are recapitulated as under:-The deceased and the accused are the neighbours. On 17. 11. 1998 at about 9. 00 p. M. , the accused had a quarrel with the deceased in relation to his love affair with the relative of the deceased wherein, the deceased objected to the said love affair. In the course of such quarrel, the accused got angry and stabbed the deceased on his abdomen and chest. On hearing his cry, P. W. 1, the father of the deceased and P. W. 2 and P. W. 3, the brothers and P. W. 6, mother of the deceased had rushed to the spot and seen the deceased profusely bleeding from the abdomen. On seeing them, the deceased had run away from the scene and they have taken the deceased to Udagamandalam Government Hospital and admitted him as In-Patient.

(3.) P. W. 9, Dr. Shanmugam attached to the Udagamandalam Government Hospital had admitted the deceased with the injuries on his abdomen and left chest and had given treatment for him. P. W. 12,the Head Constable of Udagai Nagar Central police Station has received the intimation on 23. 15 hrs on 17. 11. 1998, proceeded to the Udagamandalam Government Hospital but he could not record the statement as the deceased was in an unconscious state. On 18. 11. 1998, he has recorded the statement from the deceased and registered a case in Cr. No. 1352 of 1998 under section 326 IPC.