PITCHAI Vs. STATE

JUDGEMENT

(1.) The appellant-Pitchai was accused No. 1 in Sessions Case No. 69 of 1989 on the file of Principal Sessions Judge, Madurai. He was tried along with two others for an offence of murder of one Dhevaraj and also for causing injuries with dangerous weapon to W1. The accused 2 and 3 were acquitted whereas the present appellant was convicted under Section 302 of Indian Penal Code and sentenced to undergo Life Imprisonment. However, he was acquitted of the charge punishable under Section 324, I.P.C. The said conviction and sentence have been challenged in this criminal appeal.

(2.) The prosecution's case in brief is as follows :-

(3.) One month prior to the death of Dhevaraj, at about 12.00 midnight, P.W. 5 came out of the house. At that time, he saw one Karnan, son of A2 and A3 committing unnatural offence on the buffalo belonging to him. He questioned Karnan and Karnan told that he would not commit such offence and rushed away from that place. On the next day, Panchayat was convened in which Dhevaraj presided and imposed a fine of Rs. 200/- on Karnan. Since Karnan did not pay such an amount, the amount was demanded by Dhevaraj from A2.