PRASANTH Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 132 of 2010 on the file of the learned Principal Sessions Judge, Krishnagiri. He stood charged for offence under Sec. 302 of IPC. By judgement dated 19.07.2012, the trial court convicted him under Sec. 302 of IPC and sentenced him to undergo imprisonment for life. No fine was imposed. Challenging the above sentence, the sole accused is now before this court this criminal appeal.

(2.) The case of the prosecution in brief is as follows: - -The deceased in this case was one Mr. Ganesan. He was working as a load -man in a private company. The accused was a friend of the deceased and a co -worker. The deceased was already married and having a child. But, the accused and the deceased had used to visit a lady who was a sex worker. They used to mostly go together. On 04.04.2010 at 09.00 p.m., it is alleged that the accused and the deceased had gone in the motorcycle of the accused somewhere. Thereafter, the deceased did not return home at all. On the next day morning, P.W.1, the father of the deceased came to know that the deceased had not gone for his work. He also came to know that the accused also did not turn up for his work. Later, P.W.1 came to know that the dead body of a male was found on the Mathigiri junction near check post. He also came to know that the dead body was brought by some body in an Ambulance and kept in the mortuary at Government Hospital, Hosur. P.W.1 went to the hospital and found to his shock that the dead body was that of his son -Mr. Ganesan. Thereafter, he went to Mathirigi police station and made a complaint at 11.00 a.m. on 05.04.2010. P.W.8, the then Sub Inspector of Police, received the said complaint and registered a case in Crime No. 63 of 2010 under Sec. 302 of IPC. Ex. P.1 is the complaint and Ex. P.9 is the FIR. He forwarded both the complaint and the FIR to the court and handed over the case diary to the Inspector of Police for investigation.

(3.) P.W.10, the then Inspector of Police, took up the case for investigation. He proceeded to the place of occurrence and prepared an observation mahazar (Ex. P7) and rough sketch (Ex. P11) at the place of occurrence in the presence of P.W.6 and another witness. He also recovered some blood samples, which were spread on the road where the occurrence had taken place, by using cotton under a mahazar (Ex. P8) from the place of occurrence in the presence of the same witnesses. Then, he conducted autopsy on the body of the deceased at Government Hospital, Hosur, and forwarded the dead body for postmortem. During inquest, he examined a number of witnesses including P.W.1.