ANBU @ ANBAZHAGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.36 of 2011, on the file of the Sessions Judge, Tiruvarur. He stood charged for the offence under Section 302 of the Indian Penal Code. By judgement dated 03.04.2013, the trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5000/-, in default, to undergo simple imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) Based on the above materials, the trial Court framed a lone charge against the accused under Section 302 of the Indian Penal Code. The accused denied the same. In order to prove the case, on the side of the prosecution as many as 15 witnesses were examined, 20 documents were exhibited, besides 8 materials objects. Out of the said witnesses, P.Ws.2 and 4 are the eyewitnesses to the occurrence. P.Ws.1 and 3 have stated that they heard the cry of the deceased, rushed to the place of occurrence and on their way, they found the accused fleeing away from the place of occurrence. On reaching the place of occurrence, they found the deceased lying with injuries. P.W.1 has further stated about the fact that he took the deceased to the hospital and he has spoken about the complaint made by him to the police. P.W.5 is the son of the deceased. He has also stated that on hearing the cry of the deceased, he went to the place of occurrence and found the deceased lying with injuries. P.W.6 has turned hostile. He has not supported the case of the prosecution in any manner. P.Ws.7 and 8 have also turned hostile and they have not supported the case of the prosecution in any manner. P.W.8 has spoken about the observation mahazar and the rough sketch prepared, at the place of occurrence and the recovery of blood stained earth and sample earth from the place of occurrence. P.W.9 has spoken about the medical examination conducted on the material objects. According to him, blood was found on the 'dothi' and the 'shirt', recovered from the accused. P.W.10 has stated that he took the dead body and handed over the same for post-mortem. P.W.11 has stated that he handed over the material objects to the Forensic lab, from the Court, as ordered. P.W.12, has stated that on 30.12.2010, when he was in the Thanjavur Medical College and Hospital, the deceased was brought there for treatment, at 12.30 p.m. He has further stated that despite treatment, he died at 7.30 a.m., on the same day. P.W.13 has spoken about the post-mortem conducted and his final opinion regarding the cause of death. P.W.15 has stated about the registration of the case and the investigation done and the final report filed.