- (1.) Against the judgment dated 12.12.2013 passed by the High Court of Judicature at Madras in Criminal Appeal No. 301 of 2012 confirming the judgment dated 20.04.2012 passed in Sessions Case No. 339 of 2011 by the Additional Sessions Judge, Fast Track Court No. V, Chennai, this appeal has been filed by the convicted accused/appellant. The Trial Court as well as the High Court convicted the appellant for the offences punishable under Sections 302, 201 r/w 302 of the Indian Penal Code (for short 'the IPC) and Sections 3 r/w 25(1B)(a), 27, and 25(1B)(h) of the Arms Act, and sentenced him to imprisonment for life and a fine of Rs. 50,000/-.
(2.) The case of the prosecution in brief is that the appellant herein was a retired Lieutenant Colonel in the Indian Army. After his retirement in April 2011, he was permitted to live in the staff quarters in the defence compound for a period of three months. The armymen's enclave abounds with fruit-bearing trees, which attracts urchins who live in hutments across the road, particularly boys aged about 10-15 years, who cross the compound wall to pick almonds and mangoes.
(3.) At about 1.30 p.m on 03.07.2011, the deceased, Dilshan, and three of his friends, Sanjay (PW-2), Praveen (PW-3) and Vignesh (PW-7), ventured into the armymen's enclave to pluck almonds and mangoes. While they were flinging stones at their targets, they suddenly heard a massive sound, following which Dilshan, the deceased, fell down on the ground. PW-2, PW-3 and PW-7 ran away from the scene. It is further the case of the prosecution that it was the appellant herein who had shot the deceased with a pistol, consequent to which the deceased sustained bullet injuries on his person and died. The distance between the appellant and the deceased was about 100 meters.;