MANI Vs. STATE

JUDGEMENT

(1.) Challenging the judgement of conviction and sentence dtd. 11/1/2019 made by the learned I Additional Sessions Judge, Coimbatore, in S.C.No.166 of 2018, convicting the appellant for offence under Sec. 302 IPC and sentencing him to undergo Imprisonment for Life and to pay a fine of Rs.1000.00, in default of payment of fine to undergo simple imprisonment for a further period of three months, the sole accused has come up with the present Criminal Appeal.

(2.) The case of the prosecution runs thus:- The appellant Mani and the deceased Vicky were good friends and both were rag-pickers at Milk Market area in R.S.Puram, Coimbatore, and were known to Sathish (P.W.1), Velliangiri (P.W.2) and Ganesan (P.W.3). On 10/1/2018, around 06.20 in the evening, the appellant and the deceased quarrelled in public and the appellant abused and appellant the deceased saying that, 10 days back, he (the deceased) had stolen money from his (appellant's) pocket. In the quarrel, the appellant punched the deceased on his ribs and after the deceased fell down, he took a stone (M.O.1) and dropped it on the leg of the deceased. This was witnessed by P.W.1, P.W.2 and P.W.3. The deceased Vicky was sent by an ambulance to the Government Hospital, Coimbatore where Dr.Raghuramaiah (P.W.14) examined him at 07.10 p.m. on 10/1/2021 and as the deceased was not conscious, he was admitted as inpatient. A copy of the Accident Register has been marked as Ex.P.12. The history of the patient, noted in the copy of the Accident Register disclosed that a known person had attacked him with stone near the market around 06.20 in the evening. Dr.Vijayaraj (P.W.9) gave further treatment to the deceased but, in vein as the deceased succumbed to the injuries and died at 01.50 a.m. on 11/1/2018. On a written complaint (Ex.P.1) given by Sathish (P.W.1), Balachandar (P.W.15), the Sub Inspector of Police, registered a case in R.S.Puram Police Station Crime No.37 of 2018 under Sec. 302 IPC against the appellant and prepared the printed FIR (Ex.P.13), which reached the jurisdictional Magistrate on 11/1/2018 at 11.00 a.m. as could be seen from the endorsement thereon.

(3.) The investigation of the case was taken over by Jothy (P.W.17), Inspector of Police, who went to the place of occurrence, prepared an observation mahazar (Ex.P.2) and rough sketch (Ex.P.17). From the place of occurrence, he seized a stone (M.O.1) and a blood stained cotton swab (M.O.2.) under the cover of a mahazar (Ex.P.3). The appellant was arrested on 11.01.20218 and a blood stained shirt of the appellant (M.O.3), a blood stained Dhoti of the appellant (M.O.4) that were worn by him were seized under the cover of a mahazar (Ex.P.4). The investigating officer (P.W.17) conducted inquest on the body of the deceased and prepared an inquest report (Ex.P.18). Dr.Nandhakumar (P.W.10), who performed autopsy on the body of the deceased issued Post-mortem certificate (Ex.P.8). No head injury was found. However, 5th to 8th Ribs were found fractured. The viscera report (Ex.P.9) showed that 193 mg of ethyl alcohol was detected in the stomach; 166 mg of ethyl alcohol was detected in the intestine; and 138 mg of ethyl alcohol was detected in the liver and kidney. In the final opinion Ex.P.8 -Post-mortem Certificate and Ex.P.10 - separate final opinion on the basis of viscera report, the Doctor (P.W.10) has stated as follows:-