MUNIYASAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the Conviction and Sentence passed against the Appellant/Sole Accused in the Judgment, dtd. 24/11/2020 passed by the I Additional District and Sessions Court, Thoothukudi, by convicting and sentencing the Appellant for the offence punishable under Sec. 302, IPC and sentenced to undergo Imprisonment for Life and to pay a sum of Rs.2,000.00 in default, to undergo three months Simple Imprisonment.

(2.) The Appellant herein is the Sole Accused in S.C. No.330 of 2016. Based on the Complaint given by one Muthuraj, examined as PW1, the Respondent Police registered FIR in Crime No.142 of 2014 on 9/9/2014 at about 20.00 hours and took up the investigation. The Complaint revealed that on 8/9/2014 at about 2.30 p.m, when the informant along with his brother Marisamy and wife of the deceased and few others were removing garbage in a Tractor owned by Boopathy, the Accused came and picked up quarrel with his brother Marisamy for engaging Boopathy with whom he has enmity. In the force of the quarrel, the Accused took a Wooden Log from nearby and gave a single blow on Marisamy on his head. Marisamy was taken to the Vilathikulam Hospital and thereafter, Government Hospital at Thoothukudi. On 11/9/2014, at about 11.00 a.m Marisamy died. On intimation from the Thoothukudi Hospital, the Police has come to know about the incident. However, only on receipt of the Written Complaint from PW1, FIR was registered and forwarded to the Judicial Magistrate and simultaneously, investigation was taken up. On the death of Marisamy, the charge was altered from Sec. 307, IPC to 302, IPC. Meanwhile, the Accused surrendered before the Judicial Magistrate on 12/9/2014 knowing about that the Investigation Officer took the permission of the Court for Police custody and the Accused was taken into custody by the Investigation Officer on 17/9/2014. Based on the confession given by the Accused, a Wooden Log and Cloth were recovered under Mahazar Ex.P5 in the presence of Village Administrative Officer. On completion of the investigation, a Final Report was filed.

(3.) Based on the materials placed, the Sessions Court framed Charge under Sec. 302, IPC and tried the Accused.