ARUL Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the Judgment of conviction and sentence imposed on him dtd. 29/6/2017 passed by the learned District and Sessions Judge No.II, Kanchipuram in S.C.No.18 of 2014. The appellant was convicted and sentenced by the Trial Court as follows:-

(2.) The case of the prosecution is that on 7/8/2013, at about 8:45 p.m., on account of prior enmity, the appellant near the house of his brother, one Manoharan, slapped the deceased, pushed him on the cement road, and stamped him on the chest and the neck of the deceased and caused his death. It is also alleged that during the course of the same transaction, the appellant threatened P.W.1 - the wife of the deceased, that he would cause her death as well.

(3.) P.W.1 - the wife of the deceased, gave the complaint/Ex.P1, to the Police, which was registered in Crime No.516 of 2013. The FIR was registered on 8/8/2013, at about 1:30 a.m., for the offence under Sec. 302 IPC. The said FIR was marked as Ex.P.3. The Sub Inspector of Polce - P.W.5, registered the said FIR. P.W.9 - the Inspector of Police, took up the investigation. On 8/8/2013, at about 6:00 a.m, P.W.9 went to the scene of occurrence and prepared the Observation Mahazar - Ex.P6. He thereafter went to Kanchipuram Government Hospital, Kanchipuram, where the body of the deceased was kept, and conducted the Inquest. The report was marked as Ex.P8. Thereafter, P.W.7 - Doctor, conducted post-mortem and issued a post-mortem certificate - Ex.P4. The Doctor found the following injuries: