PALPANDI Vs. STATE

JUDGEMENT

(1.) This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.II, Madurai, dated 10.02.2010, made in S.C.No.249 of 2009, whereby the appellant/sole accused, who stood charged under Section 302 IPC, on trial, found guilty under the charge of murder, convicted thereunder and sentenced to undergo life imprisonment and also to pay a fine of Rs.1000/-, in default to undergo three months.

(2.) Short facts, sans unnecessary particulars, necessary for the disposal of the appeal can be stated as follows: (a)P.W.1 Balamurugan and P.W.2 Anbalagan are the sons of one Muthukrishnan, the deceased in this case. They were all living together. On 15.03.2009 at about 5.00 p.m., the deceased, accompanied by P.W.1 and P.W.2, went to S.Kodikulam Bharat Nagar to pour water on their newly constructed house. After doing so, they were all returning and at that time, the deceased felt stomach pain and wanted to ease himself and entered into a kanmoi nearby. P.Ws.1 and 2 also entered into the kanmoi and they were all easing themselves by attending natures call. P.W.3 was also attending natures call in a nearby place. At that time, the accused, armed with a knife, came nearby uttering "you are responsible for the death of my brother" and so saying, he attempted to stab P.W.2. Immediately, the deceased held the legs of the accused and appealed to him not to do anything. However, uttering "you are also responsible; you must also be put an end and only then we could attain peace" the accused stabbed the deceased on different parts of his body and immediately the deceased fell down. P.Ws.1 and 2 shouted and the accused threatened them. It was also witnessed by P.W.3. The appellant/accused left the place of occurrence with the weapon of crime. Thereafter, P.W.1 went to the respondent police and gave Ex.P-1 Complaint to P.W.11, the Inspector of Police. (b)P.W.11, who was on duty at 08.45 p.m. on 15.03.2009, received Ex.P-1 Complaint from P.W.1 and on the strength of Ex.P-1 registered a case in Crime No.200/2009 under Section 302 IPC and Ex.P-8, the First Information Report, was sent to the Court. He took up the investigation. He gave information to the Regional Forensic Laboratory and the Photographer, proceeded to the place of occurrence, made an observation in the presence of P.W.5 and another and prepared Ex.P-2, the observation mahazar and also drew Ex.P-9, the rough sketch. P.W.11 recovered M.O.6 - bloodstained earth and M.O.7 - sample earth from the place of occurrence under Ex.P-3 Mahazar attested by the same witnesses. Thereafter, P.W.11 conducted inquest on the body of the deceased in the presence of panchayatdars and witnesses and prepared Ex.P-10, the inquest report. He also caused the place of occurrence and the dead body to be photographed. Ex.P-11 (series) are the photographs. Thereafter, he sent the dead body for postmortem through P.W.8, the Head Constable, with a requisition. (c)P.W.10, the Scientific Assistant, Forensic Laboratory, Madurai, on receipt of intimation from the Investigator, visited the place of occurrence, made an observation, noticed the injuries found on the dead body and gave Ex.P-7, the Report. (d)P.W.9, the Doctor attached to the Government Medical College Hospital, Madurai, on the basis of the requisition made by the Investigator, conducted inquest on the body of the deceased at 12.30 p.m. on 16.03.2009 and after postmortem he gave Ex.P-6, the postmortem certificate, opining that the deceased would have died of shock and haemorrhage due to the cumulative effect of all the injuries, 16 to 20 hours prior to autopsy. After postmortem, P.W.8, the Head Constable, recovered M.Os.2 to 5, the personal wearing apparels of the deceased, from the dead body and handed over the same to the Inspector of Police. (e)Pending investigation, the accused was arrested on 16.03.2009 at about 1.00 p.m. and when enquired in the presence of P.W.6 and another, the accused came forward to give a voluntary confessional statement and the same was recorded by P.W.11, the Inspector of Police. Ex.P-4 is the admissible portion of the confessional statement, pursuant to which the accused took and produced M.O.1 - knife, M.O.8 - lungi and M.O.9 - shirt and they were recovered under Ex.P-5 Mahazar attested by P.W.6 and another. Thereafter, the accused was sent for judicial custody. P.W.11, the Inspector of Police, gave a requisition to the Court for sending the material objects recovered in this Court for chemical analysis, which resulted in three reports, namely Exs.P-12 and P-13, the Chemical Examination Report and Ex.P-14, the Serology Report. P.W.11, the Inspector of Police, examined the witnesses and recorded their statements. On completion of investigation, P.W.11 filed the final report against the accused under Section 302 IPC on 29.05.2009.

(3.) After committal proceedings, the case was taken on file by the Sessions Court in S.C.No.249/2009 and necessary charge was framed. To prove the charge against the accused, the prosecution examined 11 witnesses as P.Ws.1 to 11 and marked 14 documents as Exs.P-1 to P-14 and produced M.Os.1 to 9. On completion of the evidence on the side of the prosecution, when the accused was questioned under Section 313 of the Criminal Procedure Code about the incriminating circumstances found in the evidence of prosecution witnesses, he flatly denied all of them as false. On the side of defence, no witness was examined but one document was marked as Ex.D-1. The trial court, after hearing the parties, took the view that the prosecution has proved the charge against appellant/accused beyond reasonable doubt, found him guilty, convicted him thereunder and awarded punishments as referred to above. Hence this appeal has been brought forth by the accused.