ANBU Vs. STATE

JUDGEMENT

(1.) The appellant, sole accused in S.C.No.16 of 2018 on the file of the learned Additional Sessions Judge, Krishnagiri, has come up with this Criminal Appeal challenging the conviction and sentence imposed by the Trial Court under Sec. 304(ii) of IPC to undergo imprisonment for ten years of Rigorous Imprisonment and to pay a fine of Rs.50,000.00 in default of payment of fine, to suffer Simple Imprisonment for a further period of 6 (Six) months. The case of the prosecution in brief is as follows:-

(2.) When P.W.15 was on duty at Singarapettai Police Station, P.W.1 - Sudhakar appeared before him and lodged a complaint alleging that on 16/1/2014 at about 08.00 p.m., the appellant rode his motor cycle TN-24-M8887 in a high speed and in a rash manner upon which his brother Jaisankar, admonished him and again at 11.00 p.m. on the same day when the said Jaisankar was walking to his uncle Chinnapaiyan's house, the accused came with a Koduval and pecked on the left side of his head and by turning the Koduval hit on the right side of the chest and immediately thereof, all the persons present at the spot pacified both of them and his brother was taken to his house. However, in the early morning at about 05.00 a.m., his brother felt uneasy and was rushed to the hospital upon which the Doctor examined him and declared as brought dead.

(3.) On the strength of the said allegations, a case in Crime No.18 of 2014 was registered for the offence under Ss. 147, 148 and 302 of IPC and was taken up for investigation initially by P.W.15 and thereafter, by P.W.16, who completed, the investigation and laid a final report proposing the accused as guilty for the offence under Sec. 302 of IPC. The said final report was taken on file by the learned Judicial Magistrate, Uthangarai, in P.R.C.No.08 of 2014 and after appearance of the accused and furnishing of copies as per Sec. 207 of Cr.P.C. the learned Magistrate committed the case to the Principal Sessions Judge, Krishnagiri who, in turn, took up the case on file as S.C.No.16 of 2018 and made over the same to the Additional Sessions Judge, Krishnagiri for trial.