KUPPAPITCHAI Vs. STATE

JUDGEMENT

(1.) This appeal is directed by the appellant - original accused against the Judgment and order dated 21st December 2016 passed by the learned Additional District and Sessions Judge, Pudukkottai in Sessions Case No.133 of 2013. By the said Judgment and order, the learned Additional District and Sessions Judge convicted the appellant under Section 302 IPC. For the offence under Section 302 IPC, the learned Additional District and Sessions Judge sentenced the appellant to undergo life imprisonment and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for a further period of three months.

(2.) The case of the prosecution, briefly stated, is as under:- 2.1. The appellant and deceased - Subramanian were residents of Vadakku Manjakudi, Jegadhapattinam Village. The land of the appellant is situated adjacent to the land of deceased - Subramanian. There used to be frequent quarrels between the appellant and deceased - Subramanian in relation to sharing of water, which was used to irrigate the land. It is also the case of the prosecution that deceased - Subramanian had cut the trees in the poramboke land, which was adjacent to the land of the appellant and he had auctioned the wood and remitted the proceeds to the village temple, which was not liked by the appellant, hence, there was a further enmity between the appellant and deceased - Subramanian.

(3.) Charge came to be framed against the appellant under Section 302 IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. His defence is of total denial and false implication. To support their case, the prosecution examined PW-1 to PW-14 and marked EX-P1 to EX-P13 and six material objects. After going through the evidence adduced in this case, the learned Additional District and Sessions Judge convicted and sentenced the appellant, as stated in Paragraph No.1, above, hence, this appeal.