ARUN Vs. STATE

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 379 of the Code of Criminal Procedure read with provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 impugning the judgment and order of the Madurai Bench of Madras High Court in Criminal Appeal (MD) No. 279 of 2005 whereby the High Court reversed the judgment of acquittal against the appellant, who was tried along with seven other co-accused, recorded by the Additional Sessions Judge, (Fast Track No. 2) Trichirapalli in Sessions Case No. 149 of 2004. The High Court accordingly convicted the appellant for the offence punishable under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life.

(2.) The prosecution case, in brief, is that Venkatesan Seshastripuram (the deceased) was living together with his wife Sripriya (PW-1), mother Padmaja (PW-2) and other family members at No. 15/1 A, Seahadri Road, Srirangam. The deceased was in the business of Pharmaceuticals. On 22.10.2003, at about 8.45 p.m. the deceased came back to his house from the work in drenched condition. He took out the cash from his shirt pocket, kept the same on the sofa and went to the computer room and after changing clothes took his meal. After having food the deceased along with his wife (PW-1) and mother (PW-2) were watching television programme. At that time two men came and stood at the entrance of the house. The deceased got up from his chair and moved towards them asking as to why they have entered the house. Immediately the person who was standing to the right of P.W. 1 shot the deceased with the gun. The deceased fell down on the floor. Thereafter, the two men ran away. P.W. 1 and P.W. 2 raised hue and cry. P.W.1 went to her senior father-in-law's house and informed Vamsidhar (PW-3) about the incident. P.W. 3 immediately with the help of P.W. 1 took the deceased to Srirangam Dhanvandhri Hospital. Doctor Murali (PW-17) gave first aid treatment to the deceased and having regard to the grievous nature of injuries advised to take the victim to the Kavery Medical Centre for further treatment. The victim was accordingly taken to the Kavery Medical Centre. PW-3 informed the incident to the Srirangam Police Station over phone. Sub-Inspector Bharth Srinivasan (PW-25) attached to Srirangam Police Station based on the complaint of Sripriya (PW-1) issued first information report and registered a case in Crime No. 724 of 2003 under Sections 452, 307, IPC and Section 3 read with 25 of the Indian Arms Act.

(3.) After completion of the investigation, the police filed charge-sheet under Sections 120-B, 398, 449, 302/34, IPC and section 3 read with 25 (1-B) (a) of the Indian Arms Act against the appellant and seven other co-accused. The prosecution in all examined 26 witnesses (PW-1 to PW-26) and got marked 36 documents in evidence. The prosecution also produced material objects which were marked as M.O. 1 to 26. The statement of the accused-appellant under Section 313, Cr.P.C. was recorded in which he abjured the guilt and claimed trial.