JAGADEESHWARAN Vs. STATE

JUDGEMENT

(1.) The appellants 1 and 2 are A-1 and A-2 in S.C.No.42 of 2017 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Vellore District wherein A-1 was convicted for the offence punishable under Section 302 of I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for another one year. A-2 was convicted for the offence punishable under Section 304 Part I of I.P.C. and sentenced to under rigorous imprisonment for five years and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for another one year. The detention period already undergone by the appellants/A-1 and A-2 in this case is set-off under Sec.428 of Cr.P.C. Challenging the said conviction and sentence, the appellants are before this Court .

(2.) The case of the prosecution, in brief, is as follows:- The case of the prosecution is that P.W.3 Narasimman and P.W.2 Banumathi are husband and wife. P.W.1 Mohanbabu is the son of P.W.2 & P.W.3. The deceased is the aunt of P.W.1 and the accused are brothers and also close relatives of P.W.2 and P.W.3. Kogila is another aunty's daughter of P.W.1. Kogila and one Devaraj got married and after marriage, that on 12.6.2014 at about 11.30 a.m. customary ceremony (to change of Thali thread) was took place in the house of deceased Nagammal and she only spent money for that ceremony. Due to this, the accused got enraged and after the function, the accused 1 and 2 voluntarily picked up quarrel with Nagammal and scolded her in filthy language and also imitated her by saying [1] At that time, complainant Mohan Babu rescued and tried to pacify them but he failed in his attempt and so he took the deceased Nagammal to his house and locked the front door. Thereafter, both the accused having common intention of causing death of Nagammal to commit the offence by entering into the backside door of the house of Mohanbabu at 3.00 p.m. on the same day, intentionally and knowingly caused the death of Nagammal by A-1 forcibly beat on her head with wooden log and A-2 kicked her repeatedly on her abdomen and the said Nagammal died due to cumulative effect of splenic rupture and cranio cererbral injury.

(3.) P.W.1 lodged a complaint Ex.P1 and P.W.10 Thiru Senthamarai, Inspector of Police, Melpadi Police station received the complaint on 13.6.2014 at 6.30 a.m. and registered a case in Cr.No.65 of 2014 for the offence under Sec. 449, 294(b) and 302 I.P.C. under Ex.P9 F.I.R. P.W.12 took up the investigation and went to the scene of occurence on 13.6.2014 at 8.00 a.m. and prepared Ex.P14 Observation Mahazar and Ex.P13 Rough Sketch in the presence of witnesses P.W.5 and P.W.6 and thereafter he conducted enquiry on the dead body of the deceased Nagammal in the presence of Panchayatdars and prepared Inquest report Ex.P15 and sent the body for postmortem, After postmortem, P.W.9, Shanmugam, S.I. of Police collected the cloths of the deceased body and handed over the same to the Insvestigation officer. P.W.12 Investigation officer arrested the accused on 13.6.2014 at 17.30 hours at Serkadu junction road and on enquiry both the accused A-1 and A-2 gave a confession statement in the presence of witnesses P.W.7 and P.W.8. Since P.W.12 went on transfer to another station, P.W.11 Thirumal, Inspector of Police took up the case for further investigation and he sent the organs of the deceased to forensic science department for chemical analysis through Judicial Magistrate court and obtained report Ex.P10 and he examined the Doctor and obtained Ex.P11 Postmortem certificate. He also recorded the statement of witnesses. After completion of investigation, he filed charge sheet before the concerned Judicial Magistrate Court.