1. The appeal arises out of the Judgment of conviction and sentence made in S.C.No.334 of 2005 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, Vellore District, whereby, the accused was convicted for the offence under Section 307 IPC and sentenced to undergo four years Rigorous Imprisonment with fine of Rs.1,000/-, in default, to undergo six months simple imprisonment.

2. The respondent Police filed a charge sheet against the accused stating that on 25.08.2004 at 5.00 a.m. the accused assaulted one Jeyakumar in respect of money transaction with an intention to commit murder at Nattampalli-Krishnagiril Road near new Bridge, thereby, committed offence under Section 307 IPC.

3. The case of the prosecution is as follows:

(i) P.W.2-Vijayakumar is the brother of P.W.9-Subramani @ Mani. The accused is the friend of P.W.2. P.W.2 is doing agricultural work and residing at Kurlarpalli. When P.W.2 was going to Sivagurupur, where P.W.9 is residing along with his wife, the accused, Errappan borrowed a sum of Rs.10,000/-from P.W.2 for his daughter's marriage and since P.W.9 suspected P.W.2 that he is having illicit intimacy with his wi