POKKARAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The present Criminal Appeal has been filed by the appellant aggrieved by the judgment of the Additional District and Sessions Court (Fast Track Court), Paramakudi, made in S.C.No.118 of 2011, dated 27.07.2017. The appellant was convicted for the offence under Section 302 I.P.C. and was sentenced to undergo life imprisonment and to pay a fine of a sum of Rs.1,000/- (Rupees One Thousand only) and in default, to undergo one year rigorous imprisonment. Facts of the case in brief:

(2.) There was a property dispute between the appellant and the deceased for more than three years and therefore, there was a previous enmity between the parties. On 26.07.2010 at about 06.30 p.m., the deceased was standing in the property and there was a wordy quarrel between them. At that time, the appellant is said to have attacked the deceased with M.O.1 on the forearm of his left hand resulting in the privation of the left forearm from the joint and dislocation of the bone. The same resulted in severe blood loss. The appellant ran away from the place of occurrence and the deceased was taken to the hospital by P.W.1 to P.W.4 in the auto belonging to P.W.5 and thereafter, he was shifted to an ambulance and brought to Government Hospital, Paramakudi, where he was declared to have been brought dead. Complaint and the materials collected in the course of investigation:

(3.) The daughter of the deceased (P.W.1), after returning back from the hospital, went to Nayinar Kovil Police Station and gave a complaint to the Special Sub Inspector of Police (P.W.14) at about 23.30 hours. An F.I.R., came to be registered in Cr.No.86 of 2010 for the offence under Section 302 I.P.C. The Express F.I.R., was handed over to the Head Constable (P.W.15) and he, in turn, submitted the same before the Judicial Magistrate, Paramakudi, on 27.07.2010 at about 04.00 a.m.