ARTHANARI @ SELVAM Vs. STATE

JUDGEMENT

(1.) This appeal arises against the judgment of learned District Sessions Judge, Erode, passed in S.C.No.29 of 2007 on 28.06.2007, convicting the appellant/accused for offence u/s.302 IPC and sentencing him to undergo life imprisonment and fine of Rs.1,000/ -.

(2.) The case of the prosecution is that on 16.08.2006 at about 07.30 p.m., while the deceased was riding his bi -cycle near Venkateswara Soap Oil Company, Surampati, the accused, due to previous enmity, obstructed him and caused cut injuries with an aruval. When the deceased attempted to run away, the accused chased him, brutally assaulted him and caused multiple cut injuries, owing to which the deceased met with his death. PW - 1 preferred a complaint before PW -12, Sub -Inspector of Police, Erode South Police Station, who registered a case in Crime No.645 of 2006 for offences u/s.341 and 302 IPC on 16.08.2006 at 08.15 p.m.

(3.) PW -13, Inspector of Police, Erode South Police Station, took up the investigation on the same day. He went to the place of occurrence at about 09.15 p.m. He prepared rough sketch [Ex.P14] between 09.30 and 10.00 p.m. He prepared observation mahazar [Ex.P2] in the presence of PW -6 and one Namasivayam and obtained their signatures. He caused photographs to be taken by PW -8, videographer. Thereafter, he conducted inquest on the same night. The inquest report is Ex.P15. He examined PWs.1, 2 and four others and recorded their statements. Upon completion of inquest on 17.08.2006, he sent the dead body to Government Hospital for conducting post mortem through PW -11, Head Constable. Thereafter, he seized blood stained earth [M.O.2], plain earth sample [M.O.3] and a Hero Cycle [M.O.4] in the presence of PW -6 and another. The seizure mahazar is Ex.P3. He examined PWs.3, 4, 6 and two others and recorded their statements. On 17.08.2006 at 02.00 p.m., he arrested the accused near Teachers Colony bus stand, Erode, in the presence of PW -7 and another. He recorded the confession statement [Ex.P4] of the accused in the presence of witnesses between 04.00 and 05.30 p.m. On the basis of the confession statement of the accused, he took the accused to his house and recovered a blood stained pant [M.O.5], blood stained shirt [M.O.6] and blood stained aruval [M.O.1] in the presence of the same witnesses. The seizure mahazar is Ex.P5. He took the accused to the police station at about 08.00 p.m. and sent him to judicial custody. On the same day, he examined PW -9, Dr.Karunanithi and obtained post mortem certificate [Ex.P7]. The post mortem certificate reads thus: