JUDGMENT

(Prayer: Appeal filed under Section 374 of the Criminal Procedure Code, to set aside the judgment of conviction and sentence dated 21.12.2018 made in S.C.No.136/2011 on the file of the learned Additional District and Sessions Judge, Dindigul, and allow this appeal.)

R. Subramanian, J.

1. The 1st accused in S.C.No.136 of 2011, who has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- failing which, to undergo two years rigorous imprisonment, is on appeal against the said conviction.

2. The case of the prosecution is that on 07.05.2010, when the complainant Silambarasan was sitting in the cash box of Punnagai Hotel, one Kannan, a mentally retarded person, was transporting water in a handcart. Since the said Kannan did not give way to the Auto which was driven by A2/Marimuthu, A2 got down from the Auto and beat up the said Kannan. The complainant therefore got down from the cash box, explained to A2 about the mental status of Kannan and took the said Kannan and the water cart to Punnagai Hotel. Thereafter, one Krishnamurthy, uncle of the complainant, who returned from Palani, went to the Auto Stand and