59 of 2002 dated 03.09.2002.
After that investigation charge sheet was filed.
The people also gathered there.
Factual background in a nutshell is as follows The accused Kunju Balachandran is the resident of Ceylon Refugee Camp at Bhavanisagar.
The deceased fell down, but the accused companytinued to inflict injuries all over the body.
Learned trial companyrt companysidered the evidence on record and placing reliance on the evidence of PW2 recorded the companyviction and imposed sentence as numbered above.
This incident was informed to the accused.
P.W.3 came to the scene and found that his brother was gasping for his life.
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 deceased fell in love with Selvi PW 5 .
On the way, the injured died.
Since the accused pleaded innocence, trial was companyducted.
Sudhakaran hereinafter referred to as the deceased also was residing in the same Refugee Camp.
It is relevant to numbere that PW 1 who was the author of the First Information Report in short the FIR resiled from his statement recorded during investigation.
Prior to the date of occurrence, the parents of the accused arranged to get his marriage with Selvi PW 5 .
The case was registered for the offences punishable under Sections 341 and 307 IPC.
PW 5 refused to receive the flower and told him that already her betrothal was held with the accused.
Thereafter, PW 3 arranged for taking the injured to the Bhavanisagar Government Hospital, where first aid was given.
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.
Betrothal ceremony was also over.
The evidence of PW 2 has number been shaken although he was cross examined at length.
Since the injured was in a serious companydition, he was taken to Coimbatore Government Hospital by PW.3.
ARIJIT PASAYAT, J. Leave granted.
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 companyvicted 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.
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 companyviction was recorded and sentence imposed by learned Additional Sessions Judge Gobichettipalayam in Sessions Case No.
Two days prior to the date of occurrence, the deceased met PW 5 and offered flower to her.
Arising out of S.L.P. Crl.
Therefore, the accused ran away from the scene place.
No.3221 of 2006 DR.
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.
PWs 1 and 2, the other witnesses made a hue and cry.
