DHANDAPANI Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal preferred under Sec.374(2) of the Code of CRIMINAL Procedure, 1973 against the judgment of the Additional District and Sessions Judge, Fast Track Court No.I, Chengalpattu, made in S.C.No.146 of 2007 dated 4.3.2008. This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.I, Chengalpet, made in S.C.No.146 of 2007 whereby the sole accused/appellant stood charged, tried, found guilty under Sec.302 of IPC and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

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

(3.) IN the second line of his argument, the learned Counsel would submit that even assuming that the factual position that it was the accused who hit the deceased and caused his death is shown to have been proved, the act of the accused would not attract the penal provision of murder that even according to P.Ws.2, 3 and 11, the accused was lying near the riverbed, and the same was questioned by the deceased stating that it was the place where ladies used to take bath, and there was a sudden quarrel between them, and in that immediately the accused took a stick from aside and beat him that it would be quite clear that he had no intention or premeditation that the act of the accused was also pursuant to a sudden quarrel that arose between the deceased and the accused that it would not attract penal provision of murder, but would fall within one of the exceptions to Sec.300 IPC, and it has got to be considered by this Court.