NARAYANASAMY Vs. STATE

JUDGEMENT

(1.) APPEAL under of the Code of Criminal Procedure, 1973 S.374(2) against the judgment dated 31.03.2006 made in S.C.No,532 of 2005 on the file of the Additional District & Sessions Judge, Fast Track Court No-V, Chennai.) This appeal arises out of the judgment made in S.C.No,532 of 2005 by the Additional District & Sessions Judge, Fast Track Court No-V, Chennai convicting the appellant/ accused for an offence under Indian Pinal Code S.302 and sentencing him to undergo life imprisonment and also to pay a fine of Rs.2,000/-, and convicting the appellant/ accused for an offence under Section 341 IPC., and sentencing him to undergo one month simple imprisonment and also convicting the appellant/accused for an offence under Section 324 IPC., and sentencing him to undergo one year simple imprisonment and also to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for one month. The sentences imposed for the above said charges shall run concurrently.

(2.) BRIEF facts of the prosecution case are as follows: (i) The deceased Rajendran was residing with his wife along with her sister's son Rajesh Kumar and Tilak Kumar at Water Tank Colony, Kotturpuram, Chennai and on the same colony in 'H' Block No,39/17, the accused was residing along with his wife Chitra. The deceased Rajendran had some illegal relationship with the accused' wife Chitra for the past some period. Knowing about this, the accused wanted to murder the Rajendran(since deceased) and in continuation of the same transaction on 14.08.2005 at about 11.30 P.M., when the deceased was walking in front of the Door No,2, 5th Block, 3rd Main Road, the accused with an intention to murder him, waylaid him and by saying -Vzlh vd kidtp rpjjpuht[ld bjhlhg[ itjJf bfhsshnj vdW gy Kiw brhyypa[k nflfhky vd FLkgjij mtkhdggLjjp tUfpwhah. cdid capnuhL tpllhy epkkjpahf thH KoahJ@ stabbed him with knife (hidden inside the umbrella) on the left chest, left side rib and also on the right abdomen. The said Rajendran died due to the injuries sustained him in left chest and also due to heavy bleeding and shock. In continuation of the same transaction, when the witness Rajesh Kumar tried to intervene with this accused while assaulting his uncle. The accused also assaulted the said witness with the same knife on the left side ear and left fore head, due to which the witness sustained simple injuries.

(3.) EVIDENCE of PWs.1,2 and 7 as to the occurrence that accused inflicted stab injuries on the chest and abdomen is cogent and consistent. Finding of the learned Sessions Judge that impelled by motive the appellant only caused death of the deceased at the time of occurrence is unsustainable and as such we are not interfering with the conclusion arrived at by the learned Sessions Judge.