JEYARAMAN Vs. STATE

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C.No.46 of 2009 on the file of the District and Sessions Court, Thiruvarur. Initially, in the trial Court, during the time of framing charges, the offence under Section 302 IPC had been framed against the accused. Thereafter, after concluding the trial, the learned District and Sessions Judge, Thiruvarur came to the conclusion that the appellant is found guilty for the offence under Section 304(ii) IPC and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 1,000/- i/d to undergo 6 months rigorous imprisonment. Against the said judgment, the appellant approached this Court by way of this criminal appeal and prayed to set aside the conviction and sentence.

(2.) The case of the prosecution is as follows :- The appellant Jeyaraman was residing at Piankattur, East bazaar street. The deceased Radha was also residing in the same place.The son of the deceased P.W.5 -Kubendran is having resident near to the house of the appellant. For the past three years, the son of the deceased P.W.5 - Kubendran had enmity with the appellant. On 16.04.2008, at about 8.00 p.m., near the house of the appellant, the cycle driven by P.W.5 was dashed against the appellant/ accused. For which, the appellant and P.W.5 quarrelled with each other. On hearing the noise, the deceased came to the scene of occurrence and questioned the same. Due to which, the appellant assaulted the deceased by using bamboo stick on his head and chest. Due to the said assault the deceased sustained fatal injury. P.W.1, Vadivambal took the deceased to the Government Hospital, Mannargudi. The said occurrence was witnessed by P.W.7 Pichamuthu and P.W.8 Anbalagan.

(3.) Initially, in the trial court, during the time of framing charges, the offence under Section 302 IPC had been framed against the accused. 16 witnesses were examined on the side of the prosecution as P.W.1 to P.W.16, besides 11 documents were exhibited as P.1 to P.11. More over, the property which was used for commission of offence was marked as M.O.1. On the side of the defence, Arrest mahazar prepared by the Investigating Officer is marked as Ex.D.1.