The court affirmed that the prosecution met the burden of proof for murder and attempted murder, establishing intent and lack of self-defense.

JUDGMENT :

G.K.ILANTHIRAIYAN, J.

This appeal has been preferred as against the Judgment passed in S.C.No.51 of 2019 dated 20.04.2022, on the file of the learned I Additional District and Sessions Judge, Madurai.

2.The case of the prosecution is that P.W.2 and accused are classmates and friends. Through P.W.2, the deceased and P.W.3 to P.W.10 were also friends of the accused. While being so, on 22.07.2018 at about 08.00 p.m., all of them were consuming liquor in Queen Bar at Solai Alagupuram. P.W.10 came there. It was accused's turn to buy liquor, which was consumed along with his friends. At that juncture, when the accused took out his wallet, P.W.10 had commented that the said wallet was very nice. The accused replied that he had purchased it for Rs.500/- and also stated that he had given the said wallet to P.W.2 at free of cost. After hearing the same, P.W.2 had thrown the wallet at the face of the accused. The deceased had also questioned the accused regarding the same. Consequently, a quarrel arose between them and P.W.10 intervened and pacified the same. They had also planned to go to Courtallam for three days from 27.07.2018 to 29.07.2018. However, due to the said incident, the accused refused to join them at the last minute.

3.On the same day, at about 10.30 p.m., P.W.2 to P.W.6, P.W.8 and P.W.9 along with deceased, were chatting in front of one Balan watch shop at south veli street. P.W.2 and deceased contacted the accused and called him to come there, but the accused did not turn up. Once again, they called him and informed that if he did not come, they would come to his house.

4.At the same time, P.W.1, who is the brother of the deceased, came there on searching for the deceased. Simultaneously, the accused arrived at the spot in his two-wheeler carrying a sickle. There was a quarrel between the accused, P.W.2 and the deceased. The deceased pushed the accused and hence the accused fell down. Immediately thereafter, the accused took out two knives which were hidden in his hip area and stabbed the deceased on the left hand side of chest and stomach. When P.W.3 and P.W.4 intervened to rescue the deceased, the accused stabbed P.W.3 on the left hand side of his stomach and P.W.4 on the right side of his back. When others attempted to prevent the quarrel, the accused threatened them with dire consequences and fled away from the scene of crime.

5.The deceased was immediately taken to Vadamalaiyan Hospital, wherein he was referred to the Government Rajaji Hospital, Madurai. However, he succumbed to the injuries sustained by him. Based on the complaint, the respondent registered an F.I.R in Crime No.479 of 2018 for the offences punishable under Sections 302 , 307 (2 counts) and 506(ii) of I.P.C. After completion of investigation, a final report was filed and the same has been taken cognizance by the trial Court.

6.In order to bring the charges to home, the prosecution had examined P.W.1 to P.W.27 and marked Ex.P1 to P19. The prosecution had produced Material Objects M.O.1 to M.O.9. On the side of the accused, no witnesses were examined and no documents were produced before the trial Court.

7.On perusal of oral and documentary evidence, the trial Court found the accused guilty for the offences punishable under Sections 302 of I.P.C and 307 (2 counts) of I.P.C. He was sentenced to undergo life imprisonment and to pay a fine of Rs.3,000/- in default to undergo one year Simple Imprisonment for the offence punishable under Section 302 of I.P.C. He was also sentenced to undergo 10 years Rigorous Imprisonment for each count and to pay a fine of Rs.1,000/- for each count, in default to undergo 6 mo