THANGARASU Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.293 of 2005 on the file of the learned Principal District and Sessions Judge, Madurai. He stood charged for the offence under Section 302 IPC. By Judgment, dated 20.06.2006, the trial Court convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows:-

(3.) On 07.10.2003, at about 07.00 p.m. PW2 had come to the house of PW1. Pws1 to 3 and other inmates were sitting just in front of the house of PW1 and they were talking to each other. At about 10.30 p.m. the accused came to the house of PW1 and he was armed with an aruval. He shouted at PW1 saying that his brother was spoiling his family, despite warning and that he continued to have illicit relationship with his wife. He shouted as to where the deceased was. PW1 and others told him that the deceased was not available at home. Therefore, the accused returned and he was rushing towards Karuppu Kovil. Since the accused was going angrily with aruval in his hand, PWs 1 and 2 followed him by taking a torch light. It was dead dark. With the use of torch light, Pws1 and 2 managed to follow the accused to a distance of about 2 kms. The deceased was sitting on the bank of the river. On seeing him, the accused started to attack him with aruval. PWs1 and 2 witnessed the occurrence by flashing the torch light. They could not rescue the deceased, because the accused was cutting him indiscriminately with aruval with so much of anger. After the deceased had fallen unconscious, the accused fled away from the scene of occurrence.