LAWS(MAD)-2016-6-287

VELAN @ VELARASAN Vs. STATE REP. BY THE INSPECTOR OF POLICE, MARANDAHALLI CIRCLE, DHARMAPURI DISTRICT (CRIME NO. 93 OF 2010)

Decided On June 22, 2016
Velan @ Velarasan Appellant
V/S
State Rep. by The Inspector of Police, Marandahalli Circle, Dharmapuri District (Crime No. 93 of 2010) Respondents

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.118 of 2010 on the file of the Principal Sessions Judge, Dharmapuri Division. He stood charged for offences under Sections 302 and 201 r/w 302 of IPC. The trial court, by judgment dated 28.11.2013, convicted the accused under Sec. 302 of Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 in default to suffer simple imprisonment for three months. The trial court, however, acquitted the accused from the charge under Sec. 201 r/w 302 of IPC. Challenging the above said conviction and sentence, the accused has come up with this criminal appeal.

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

(3.) P.W.12, taking up the case for investigation, visited the place of occurrence, prepared an observation mahazar (Ex.P2) and a rough sketch (Ex.P11) in the presence of P.W.5 and another. He also recovered some blood stained earth and sample earth under a mahazar (Ex.P3) in the presence of the same witnesses. Then, he conducted inquest on the body of the deceased in the presence of the panchayatars and prepared an inquest report (Ex.P12). After the inquest proceedings were over, P.W.12 forwarded the dead body to the Palacode Government Hospital for postmortem.