THANGAVEL Vs. STATE

JUDGEMENT

(1.) IN S.C. No. 11 of 1985 on the file of the Principal Sessions Judge, Periyar District at Erode, the Appellant was tried for an offence punishable under Section 302 Indian Penal Code, on the allegation that at or about 8.30 p.m. on 6.10.1984 at Sanarmedu in Ilakkapuram Village, he caused the death of Subramani, his neighbour, by stabbing him with M.O.1, the spear.

(2.) THE trial Court, after an elaborate trial, found the Appellant guilty of the charge and sentenced him to undergo imprisonment for life. The sustainability of the verdict of the learned trial Judge is challenged in this appeal.

(3.) P .W.1 proceeded to Modakkurichi police station situated 10 k.m. away from the scene and narrated the incident to P.W.14 Hari Murugan, Sub Inspector of Police. The narration of P.W.1 was reduced into writing by P.W.14. Ex.P.1 is the statement recorded from P.W.1. P.W.14 obtained the signature of P.W.1 in Ex.P.1 and later registered crime No. 126 of 1984 under Section 302 Indian Penal Code on the said complaint. P.W.14 forwarded the printed form of the first information report to the Additional Judicial II Class Magistrate, Erode, who had received it at 1 a.m. on 6/7.10.1984. M.O.2 the blood stained shirt of P.W.1 was seized at the police station under Ex.P.2 (For, 95). M.O.2 was also forwarded by P.W.14 to Court. Copies of the first information report were forwarded by P.W.14 to his superior officers.