- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court dismissing the appeal filed by the appellant who was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the "IPC") and sentenced to undergo imprisonment for life and to pay a fine of Rs.200/- with default stipulation. The conviction was recorded and sentence imposed by learned Additional Sessions Judge Gobichettipalayam in Sessions Case No. 59 of 2002 dated 03.09.2002.
(3.) Factual background in a nutshell is as follows: The accused Kunju @ Balachandran is the resident of Ceylon Refugee Camp at Bhavanisagar. Sudhakaran (hereinafter referred to as the "deceased") also was residing in the same Refugee Camp. Prior to the date of occurrence, the parents of the accused arranged to get his marriage with Selvi (PW-5). Betrothal ceremony was also over. The deceased fell in love with Selvi (PW-5). Two days prior to the date of occurrence, the deceased met PW-5 and offered flower to her. PW-5 refused to receive the flower and told him that already her betrothal was held with the accused. This incident was informed to the accused. On the date of occurrence i.e. on 28.2.2001, at about 6.50 p.m., the deceased along with two other friends, Stephen (PW-1) and Siva (PW-2) was proceeding to take bath at A.R.S. Canal. The accused came there and restrained the deceased by catching hold of his arm and dragged and assaulted him while abusing him in filthy language. He took out a Vettu Aruval (M.O.I.) from his hip and gave cuts on various parts of the body of the deceased. The deceased fell down, but the accused continued to inflict injuries all over the body. PWs 1 and 2, the other witnesses made a hue and cry. The people also gathered there. Therefore, the accused ran away from the scene place. On witnessing this incident, P.W.2 immediately went to the house of the deceased and informed P.W.3, the brother of the deceased. P.W.3 came to the scene and found that his brother was gasping for his life. Thereafter, PW-3 arranged for taking the injured to the Bhavanisagar Government Hospital, where first aid was given. Then, on receipt of the message from hospital, P.W.7 sub- Inspector of Police came to the hospital, recorded the statement (EX.P21) from PW-1. The case was registered for the offences punishable under Sections 341 and 307 IPC. Since the injured was in a serious condition, he was taken to Coimbatore Government Hospital by PW.3. On the way, the injured died. On receipt of the death information Ex.P26, the Inspector of Police P.W.18 took up investigation and altered the case into one under Sections 341 and 302 IPC.;