Background facts as unfolded during trial by the prosecution are essentially as follows One Selvamani Nadar hereinafter referred to as the deceased was having industry and he employed a number of girls.
PW 1, PW 2 and Murgesan immediately went near him and when the accused saw them companying near ran towards west, leaving the weapon viz.,
The doctor opined that the injury was sufficient in ordinary companyrse of nature to cause death.
The accused used to tease girls working in the factory of the deceased.
On postmortem 6 injuries were numbericed, out of which 3 were external and the rest were internal.
Same was dispatched to the Court of Judicial Magistrate.
Thereafter, PW 1, PW 2, Murugesan and the wife of the deceased took the deceased to the Government Hospital at Kulachal.
When the eye witnesses rushed to help the deceased, the accused ran away.
On 4.5.1990 the accused was arrested and after companypletion of investigation the charge sheet was placed.
The accused rushed to the deceased saying you die, old man and hit him with a stick M.O.1 on his head.
On that score, there had been enmity between the deceased and the accused.
Only one blow with a small stick was given.
The Trial Court found that the evidence of eye witnesses PWs.
When the deceased objected to the same, there was some misunderstanding and at the time of occurrence when the deceased was companying by bicycle, the accused rushed towards him and attacked him resulting the fatal injury.
The aforementioned persons thereafter took the deceased to Nagercoil and at the Government Hospital, Kottar, the deceased was treated by Doctor Rani Fnoch PW 6 .
PW 1 narrated the incident to the Head Constable PW 10 at the police station who recorded the first information report Ex.
P 11 .
The doctor found several injuries.
The accused used to make fun of the girls workers outside the factory and this was objected to by the deceased several times.
M.O.1 stick.
The accused pleaded innocence.
1, 2 and 3 were companyent and credible.
Placing reliance on the evidence and companysidering the entire material on record the trial Court found the accused guilty and companyvicted as aforesaid.
At that time, the deceased, who came in a bicycle proceeding from east to west, took a turn towards south.
On receiving information about the death the case which was originally registered under Sections 307, 323 and 341 IPC was registered under Section 302 IPC, and necessary information was sent to the Court of Judicial Magistrate.
There was a tube light burning and hence there was enough light at that place.
The deceased sustained injuries and there was profuse bleeding.
After giving first aid to the deceased, the doctors in the said hospital advised to take the deceased to Nagercoil for further treatment.
At about 8.30 p.m. on 1.5.1990, PW 1, PW 2 and one Murugesan were standing in front of Bensam Ground, south of Kulachal Nagercoil Mail Road.
Arijit Pasayat, J. Leave granted.
Assistant Surgeon, Government Hospital PW 7 treated the deceased who breathed his last at about 1.25 a.m. on 2.5.1990.
The accused was sitting on the eastern side of a culvert.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Madras High Court companyfirming his companyviction for offence punishable under Section 302 of the Indian Penal Code, 1860 in short IPC , and sentence of imprisonment for life as awarded by the learned Sessions Judge, Kanyakumari.
Injuries 1 and 2 as numbericed were abrasions but the fatal injury i.e. injury No.3 was stated to be 4 linear oblique sutured wound over the right parietal scalp.
