KALI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the sole appellant against the Judgment of the learned Principal Sessions Judge, Tirunelveli, made in S.C.No.134 of 2015, dtd. 6/10/2017, convicting him for an offence under Sec. 294(b) and sentencing him to undergo three months Simple Imprisonment and for the offence under Sec. 302 IPC and sentencing him to undergo Life Imprisonment and to pay a fine of Rs.2000.00, in default, to undergo a further period of three months Simple Imprisonment.

(2.) The case of the prosecution is that the deceased and the appellant herein are relatives and they were residing in the same village. The brother of the accused person was married to the sister of the deceased. He stopped visiting the accused and his mother and therefore, there was a misunderstanding between the parties. On 5/12/2013, at about 9.00 p.m., the accused person had abused the mother of the deceased (P.W.3) in filthy language. This was informed to the deceased and he went to the house of the accused person at about 10.15 p.m., and questioned the accused. The accused person is said to have attacked the deceased with a bill hook (M.O.1) by stating that he was responsible for his brother not visiting him and if he is alive, his brother will only listen to his words. The deceased sustained a grievous injury in the middle of his head and he was rushed to Senkottai Government Hospital by his wife (P.W.1). He was examined by P.W.19 and he was referred to the Government Medical College Hospital, Tirunelveli, after recording in the Accident Register (Ex.P.21) and informing the same to the concerned police station (Ex.P.22). The deceased was rushed to the Government Medical College Hospital, Tirunelveli and was brought to the hospital at about 1.00 a.m., on 6/12/2013 and he was treated by P.W.20. The deceased, ultimately died on 6/12/2013 at about 8.45 a.m. This was informed by P.W.20 to the concerned police through P.W.23.

(3.) The Special Sub Inspector of Police (P.W.17) went to the Government Medical College Hospital, Tirunelveli and recorded the statement of P.W.1 and reduced the same into a complaint (Ex.P.1). He thereafter registered FIR in Crime No.93 of 2013 at about 11.15 a.m., and prepared an express FIR, which was sent through the Head Constable (P.W.12) to the Judicial Magistrate, Senkottai. The express FIR reached the Court at about 1.00 p.m.