TAJUDEEN ALIAS TAJ Vs. STATE

JUDGEMENT

(1.) THE accused, who was charged for the offence under Section 302 IPC, convicted for the offence under Section 304(II) IPC and sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.1,000/=, in default to undergo further Rigorous Imprisonment for one month by the learned II Additional Sessions Judge, Coimbatore in Sessions Case No.149 of 2000 and the result is this appeal.

(2.) ON 16.10.1998, at about 9.30 p.m., near R.K.Lodge at Lajapathiroy street, Ramnagar, Coimbatore, one Mohan was attacked by the accused over the neck, by using a fused broken tube light, which terminated his life, resulting complaint on the next day, on which basis, having registered a case, investigation proceeded, which brought to surface, according to the final report filed by the respondent, that the accused/appellant is the cause for the death of the said Mohan. Thus, a final report came to be filed before the Judicial Magistrate, followed by committal to the Court of Sessions.

(3.) THE learned counsel appearing for the appellant attempted to assail the conviction and sentence on the following grounds viz.: (i) that there is inordinate delay in preferring the complaint, which is not at all explained not considered by the trial Court (ii) that it is strange to think even, that instead of the person who had witnessed the incident, another person who has not seen the occurrence preferred the complaint receiving information from the so-called eye-witness, which is against all probabilities, creating doubt (iii) that the oral evidence of P.W.2 is against all probabilities, having self-contradictions, destructive in nature and in this view, he is undependable and his evidence has to be totally ignored and (iv) that if the oral evidence of P.W.2 is eschewed, there is nothing on record to prove the involvement of the accused in committing the alleged murder, which was not at all considered by the trial Court.