SAMBAR @ SHANMUGAM Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 05.02.2007 passed in Sessions Case No.141 of 2006 by the Principal District and Special Sessions Judge, Erode are being challenged in the present Criminal Appeal.

(2.) The crux of the prosecution is that on 25.11.2004, at about 6.30 p.m., in Annai Sathya Nagar, P.P.Agraharam, Erode in front of Mariyamman Kovil, due to miff occurred in between the accused and deceased, the accused has jugulated the deceased and thereby, caused suffocation and due to his overtacts, the deceased has had instantaneous death. After occurrence, one Palaniammal, mother of the deceased has given a complaint in Karunkalpalayam Police Station and the same has been registered in Crime No.651 of 2004 under Section 302 of the Indian Penal Code (hereinafter called as "IPC") and also under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called as "SC and ST Act"). The complaint alleged to have been given by the mother of the deceased has been marked as Ex.P.1.

(3.) On receipt of Ex.P.1, P.W.16, the Inspector of Police has taken up investigation, examined the connected witnesses and also made arrangements to conduct autopsy on the body of the deceased and accordingly, the Doctor by name KanakasalaKumar (P.W.10) has conducted Post Mortem and he found the following external and internal injuries:-