PANDI ALIAS OOMAI DURAI Vs. STATE

JUDGEMENT

(1.) THE appellant was an accused in Sessions Case No.5 of 1986 before the Sessions Judge, Tirunelveli. He has been convicted under Sec.302, I.P.C. for committing murder of one Subbiah on 23.6.1985 at about 6.30 p.m. and sentenced to undergo imprisonment for life. THE said conviction and sentence have been challenged in this criminal appeal.

(2.) THE necessary facts for the purpose of disposal of this criminal appeal are as follows: P.W.l is a resident Vedanthampatti and he is working as a driver in K.T.C. at Puliankudi depot. THE deceased Subbiah was his elder brother. On 26.3.1985.P.W.l was in his house. He had applied for leave. At about 2 p.m. the deceased came and informed him that the accused threw stones on the goats when he was grasing and there was a quarrel between him and the accused. He has also stated that they were separated by P.W.8 and one Pandi. THE deceased Subbiah was residing at a distance of one furlong from the house of P.W.1. P.W.1 pacified the deceased and asked him to go to his house and told him that the matter can be settled in the panchayat.

(3.) ON behalf of the prosecution P.Ws.1 and 15 were examined and Exs.P-1 to P-20 were got marked and M.Os.1 to 11 were produced before the court. Neither any document nor any witness was produced on behalf of the accused. The plea the accused was one of total denial. The Sessions Judge after completion of the trial and after examining the accused under Sec.313, Crl.P.C. by putting all the incriminating circumstances which were against the accused convicted and sentenced him as mentioned above.