N.V.RAMANA, S.ABDUL NAZEER
Kumar – Appellant
Versus
State Represented By Inspector of Police – Respondent
JUDGMENT :
N.V. Ramana, J.
1. This appeal is filed by the present appellant, aggrieved by the concurrent findings of the court below, which has upheld the culpability of the accused for culpable homicide amounting to murder under Section 302 of Indian Penal Code [hereinafter ‘IPC’ for brevity] and voluntary causing hurt by dangerous weapons or means under Section 324 of IPC. This appeal presently impugns the High Court judgment dated 22.02.2016, in Criminal Appeal No. 326 of 2013.
2. The prosecution story in a nut shell begins with an earlier scuffle between the accused and deceased (Sakthivel), while watching a street play conducted during a village festival. It is alleged that the accused-appellant was rebuked by the deceased for sitting next to ladies. In this context, on 20.08.2009, at about 6:00 PM the accused came to the spot where Rajendran (PW-1), Arumugham (PW-2) and Subramani (PW-3) were savoring idliis from the stall of Sumathi (PW-4), when the accused-appellant arrived with an intention to draw out Sakthivel (deceased), by picking up a quarrel with Rajendran (PW-1), who was his brother-in-law. Accordingly, the accused-appellant arming himself with a wooden log lying nearby
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