MUNIYANDI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed as against the conviction and sentence imposed upon the appellant by the learned Principal Sessions Judge, Virudhunagar at Srivilliputhur in SC. No. 106 of 2009 dated 09. 10. 2013.

(2.) The appellant is the sole accused in SC. No. 106 of 2009 and he was charged for the offence under Section 302 IPC and the trial Court in conclusion of the trial found the appellant guilty for the offence under Section 304(II) IPC, convicted and sentenced him to undergo ten years of rigorous imprisonment with a fine of Rs. 5,000/- and in default of payment of fine amount, to undergo one year rigorous imprisonment. As against the conviction and sentence, the appellant preferred this Criminal Appeal.

(3.) The case of the prosecution is that the appellant / accused and the deceased Solairaja are native of Naraiyankulam near Srivilliputhur and a festival was proposed to be conducted in the village in the year 2008. PW5 was the Head of the village as well as Head of the Festival Committee and they collected cess from villagers for celebrating the festival. The accused did not pay festival cess in the previous year.