VELUSAMY Vs. STATE

JUDGEMENT

(1.) This appeal arises against judgment of learned Principal Sessions Judge, Erode District, passed in S.C. No. 33 of 2011 on 18.08.2011, convicting the appellant/accused for offence u/s. 302 IPC and sentencing him to undergo life imprisonment and fine of Rs. 5,000/- i/d 6 months R.I. The case of the prosecution is that on 29.06.2010, both accused and deceased had consumed liquor at the TASMAC shop, Vadapalani, Chennai. Since they were in an inebriated state, PW-4 (Saravanan) took them outside the shop where both fell asleep. In the wee hours, appellant/accused, picked up a quarrel with the deceased as he suspected that the deceased had taken Rs. 1,030/- from his pocket. He threw a stone on the deceased's head and caused his death.

(2.) Pw-1, Village Administrative Officer, preferred Ex. P1, complaint, on 30.06.2010 at about 08.30 a.m., before PW-18, Inspector of Police, Arachalur Police Station, who registered a case in Crime No. 249 of 2010 for offence u/s. 302 IPC. Ex. P21 is the printed First Information Report. He forwarded Ex. P21 to learned Judicial Magistrate II, Erode, at about 09.00 a.m. and took up investigation on the same day. He went to the scene, wherein PW-3 and PW-19 identified the deceased. He prepared Ex. P3, observation mahazar and Ex. P22, rough sketch, in the presence of PW-8 and another. He caused MO-14 series, photographs, to be taken by PW-13. PW-18 forwarded Ex. P21, First Information Report, to the Finger Print and Dog Squad Departments. He conducted inquest on the body of the deceased in the presence of witnesses and panchayatdhars, between 10.30 a.m. and 2.00 p.m. The inquest report is Ex. P23. He examined witnesses and recorded their statements. After completion of inquest, he sent the body to Erode Government Hospital, through PW-16, Head Constable, for post-mortem. PW-14, Doctor, conducted post-mortem. The Post-mortem report, Ex. P8, reads thus:

(3.) To substantiate its case, the prosecution examined, P.Ws. 1 to 19, marked Ex. P1 to P25 and MOs. 1 to 15. None were examined on the side of the defence nor were any exhibits marked. On questioning u/s. 313 Cr.P.C., the accused denied the charges.