SEELAN ALIAS JAYASEELAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the sole accused who was convicted and sentenced under Section 302 IPC to undergo life Imprisonment and to pay a fine of Rs. 1,000/- in S. C. No. 511 of 2002 on the file of Additional sessions Judge (Fast Track Court No. IV) Poonamallee.

(2.) THE facts in brief for the purpose of deciding this appeal are as follows:the accused Seelan @ Jayaseelan is the owner of an autorickshaw, for which the driver is the deceased Devadas. Since the said driver devadas failed to pay the hire charges properly to the accused, the owner of the said autorickshaw-the accused got back the possession of the autorickshaw from the deceased Devadas. Since the autorickshaw was taken from the possession of the deceased Devadas, the said Devadas started to disturb the accused from using the autostand. THE deceased Devadas also threatened the accused Seelan @ jayaseelan that he would cause damage to the autorickshaw, since he has failed to pay the monthly hire charges. Due to this enmity, the accused planned to do away with the life of the deceased. On the fateful day ie. , on 16. 4. 1999 at about 7. 30p. m. , when P. W. 2 and P. W. 5 were watching the television at the panchayat park, P. W. 2 saw the deceased and the accused taking liquor together and thereafter P. W. 5 left for his house. Meanwhile, P. W. 2 saw the accused attacking the deceased on his face and head with a stick. THE deceased fell down due to the injuries, he had sustained at the hands of the accused and thereafter, the accused dragged the deceased to the pump shed and dumped therein. P. W. 5, when he returned after half an hour found the deceased lying dead and the accused was not present near the corpse. THEreupon, P. W. 2 went and informed the Village President Manohar, about the occurrence. P. W. 5 informed p. W. 6 and asked him to convey the death of the deceased to P. W. 1 and accordingly P. W. 6 went and informed P. W. 1 about the occurrence. THE complaint was lodged by P. W. 1, the brother of the deceased before F1 Avadi Police Station on 16. 4. 1999 at about 9. 30. p. m. , which was received by P. W. 12 Inspector of police and registered a case in Cr. No. 401 of 1999 under Section 302 IPC. After registering the case, P. W. 12, the Inspector of Police visited the place of occurrence prepared observation mahazar, rough sketch and recovered material objects from the scene of occurrence, conducted inquest before the panchayatars, arrested the accused on 20. 4. 1999 at about 6. 30 a. m. , and recorded voluntary confession statement of the accused on the same day in the presence of P. W. 8 and another witness by name Parthiban. On the basis of the said confession, Ex P14 recovered wooden log, M. O. 11 under Ex P16 and also recovered blood stained T. Shirt M. O. 12 and blood stained Pant M. O. 13 under Ex p. 17. THE corpse of Devadas was sent for autopsy. P. W. 4, the doctor, who had conducted autopsy on the body of the deceased on 17. 4. 1999 at about 11. 45a. m. , gave post mortem certificate Exp3. P. W. 12 after completing the investigation has filed charge sheet against the accused under Section 302 IPC on 12. 5. 1999 before the Judicial Magistrate,no. II, Poonamalle, who took up the case on file in PRC 17/1999 and on appearance of the accused furnished copies under Section 207 Cr. P. C. and since the case is triable by Court of Sessions, he had committed the case to the Court of Sessions under Section 209 Cr. P. C.

(3.) IN the result, the appeal is allowed and the conviction and sentence imposed on the appellant by the Trial Court under section 302 IPC is set aside and the appellant is acquitted. Fine, if any paid, shall be refunded and the bail bonds executed shall stand cancelled. .