MOHANASUNDARAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the Judgment of the learned Additional District and Sessions Judge, FTC-2, Coimbatore, made in SC.No,258/2008 whereby the accused/A1 and A2 stood charged, tried and the appellant/A1 was found guilty for the offence u/s.341 and 302 IPC and was awarded with life imprisonment and to pay a fine of Rs.5,000/- in default to undergo three years simple imprisonment for the offence u/s.302 IPC and was awarded one month simple imprisonment and to pay a fine of Rs.100/- in default to undergo one week simple imprisonment for the offence u/s.341 IPC. The trial Judge ordered the sentences to run concurrently and acquitted the second accused of all the charges leveled against her. The above appeal has been preferred by the first accused.

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

(3.) THE learned counsel for the appellant in the second line of argument, would submit that even assuming that the prosecution has proved the factual position that the appellant/A1 had attacked the deceased with bamboo stick and caused the deceased and all the eyewitnesses examined by the prosecution have spoken in one voice that there was a long standing strained relationship between the parties and on the day of the occurrence, it was the deceased who went to the house of the appellant and apart from that, there was a preceding quarrel between A1 and the deceased and in that sudden quarrel the appellant/A1 has attacked him with bamboo stick. It is also pertinent to point out that it was only a bamboo stick and not any lethal weapon. Under such circumstances, it would be quite clear that he had no intention to cause the death of the deceased and hence, the act of the appellant would not attract the penal provision of murder and submitted that this court should consider the same.