PITCHAIVEL Vs. STATE

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 4.12.2007 passed by Madurai Bench of the High Court of Madras in Criminal Appeal (MD) No.421 of 2006 confirming the conviction and sentence of the appellant under Section 302 of the IPC as recorded by the Additional Sessions-cum-Fast Track Court No.II, Pattukkottai in S.C. No.144 of 2005.

(2.) The present case arises out of First Information Report lodged by PW.1/Ganesan at about 5.30 A.M. on 12.12.2004 with police station Orathanadu, District Thanjavur. PW.1 in his Report stated that after watching television on 11.12.2004 he slept in the shed of the Milk Producers' Union, that there were two temples - Shakti Vinayagar Temple and Bhadra Kaliamman Temple, in front of the shed and that the lights in those two temples were on. He further stated that at about 2.00 A.M. on 12.12.2004 he heard noise and he along with one Veerayan, who had also slept in the shed of the Milk Producers' Union went towards the temple. It was further stated that he saw the appellant hitting his younger brother Gunasekaran who was sleeping inside Ganesh temple, with a spade on his head. According to the report, they raised shouts whereupon the appellant ran away. It was further stated that when they went near they saw that Gunasekaran had a deep cut above his right ear and that he was dead. In this reporting, it was further stated that there were disputes between the deceased/Gunasekaran and the appellant/ Pitchaivel and that the village people used to settle those disputes.

(3.) This information led to registration of crime. During the course of investigation, MO. No.1, namely, the spade which was used for giving blows to the deceased/Gunasekaran was recovered pursuant to the disclosure statement made by the appellant. Clothes, namely, dhoti and shirt worn by the appellant at the time of incident were also recovered which subsequently on forensic examination were found to be having blood stains of the same blood group as that of the deceased/Gunasekaran. After completion of the investigation, charge-sheet was filed against the appellant for having committed the offence under Section 302 IPC.