AYYAPPAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the judgment in S.C.No.177 of 2017 dtd. 2/12/2021 rendered by the learned Sessions Judge, District Court, Nagapattinam.

(2.) The appellant/accused was convicted by the Trial Court in S.C.No.177 of 2017 by judgment dtd. 2/12/2021 and imposed a fine of Rs.500.00, in default, to undergo one month simple imprisonment for the offence under Sec. 294(b) IPC and to undergo ten years rigorous imprisonment and to pay a fine of Rs.5,000.00, in default, to undergo one year simple imprisonment for the offence under Sec. 304(2) IPC and further, the appellant was directed to pay a sum of Rs.1,00,000.00 as compensation to P.W.1 under Sec. 357(A) Cr.P.C. Aggrieved against the same, the present appeal is filed.

(3.) The case of the prosecution is that on 24/12/2016 when the defacto complainant and her husband Suresh were standing in front of their house, at that time, the appellant along with A2, who is residing in the opposite house of the defacto complainant and two others came there and they were in a drunken state, having a brawl between them and using foul language against the female members. The said Suresh questioned the same. The appellant is running a saw mill and A2 to A4 employed under him. It is a routine for all four person to consume alcohol, stand in the middle of the road in front of the defacto complainant's house and use abusive and foul language. On 24/12/2016 when the same was questioned by Suresh, the accused persons retorted and the appellant took a wooden log and hit the said Suresh in the centre of his head, witnessed by the defacto complainant, her father-in-law and aunt of the said Suresh, who are residing there, immediately they shouted at the accused and called for help. Thereafter, the accused fled from the scene along with the wooden log by threatening the defacto complainant. The injured Suresh taken in the Auto of P.W.8 to Thirukadaiyur Primary Health Centre, where Doctor not available hence injured taken to the Government Hospital, Mayiladuthurai at about 11.45 p.m. where the Doctor examined the said Suresh and informed, he was brought dead. On 25/12/2016 at about 5.00 a.m., the defacto complainant went to the respondent Police Station, lodged a complaint. P.W.9/Sub-Inspector of Police received the complaint and registered FIR/Ex.P8. P.W.12/Inspector of Police took up investigation, visited the scene of occurrence, prepared observation mahazar and rough sketch in the presence of P.W.4 and in the presence of the witnesses collected blood stained earth and ordinary earth, thereafter went to the Government Hospital, Mayiladuthurai, conducted inquest and sent the body for Postmortem. After completion of Postmortem, the body was handed over to the family members of the deceased. On getting information about the accused near the bus stand, they were arrested in the presence of P.W.7/Village Administrative Officer and on the confession of the appellant, the wooden log/M.O.1 seized. All the accused arrested and produced for remand. The seized articles sent for forensic examination, the medical records collected, statement of witnesses recorded and thereafter, on conclusion of investigation, charge sheet filed. During trial, P.W.1 to P.W.12 examined, Ex.P1 to Ex.P13 marked and M.O.1 to M.O.5 produced on the side of the prosecution. On the side of the defence, no witness examined and no documents marked. On conclusion of trial, the Trial Court convicted the appellant as stated above and acquitted A2 to A4 from the case.