DAYALAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant against the judgment of the learned Additional Sessions Judge and Fast Track Court No. 1, Chengalpattu in S.C. No. 393 of 2000 dated 25.9.2002.

(2.) The appellant herein stands convicted under Section 304 (ii) and was sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs. 1,000/- in default to undergo three months Rigorous Imprisonment.

(3.) The brief facts, which are necessary for the disposal of this Criminal Appeal, are recapitulated as under:- On 25.4.2000 at about 7.15 a.m., in Maraimalai Nagar, NH-I Thiruvalluvar Salai in front of Srinivasa Tea Stall, the accused on prior motive with regard to sale of lottery tickets had a quarrel with the deceased and fisted on the chest of the deceased, who fell down and fainted. P.W.1, who is the brother-in-law of the deceased had seen the incident from his house and immediately, he had rushed to the spot and at the same time, P. W.2 who had been passing the road on his walking exercise in the morning had witnessed the occurrence and both of them had taken the deceased in an auto driven by P.W.3 to Dr. Balusamy, Modern Clinic, Maraimalai Nagar. P.W.5 is Dr.Balusamy had asked P.W. 1, to get medicine. By the time, he returned with the medicine he was informed that the deceased had already died. Immediately, P.W.I had gone to the Maraimalai Nagar Police Station and lodged a complaint. The said complaint was given to P.W.6, Head Constable, Maraimalai Nagar at 10 a.m on the same day and who in turn registered the case in Crime No. 195 of 2000 under Section 302 of IPC had prepared Exhibit P-4, printed FIR.