C SHANMUGAM Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the sole accused in SC.No.90/2013 on the file of the learned Principal District and Sessions Judge, Tiruvallur and he stood charged and tried for the commission of the offence under section 302 IPC. The Trial Court, vide impugned Judgment dated 28.03.2017, convicted him for the commission of the offence under section 302 IPC and awarded him the sentence of rigorous imprisonment for life and also imposed a fine of Rs.1,500/- and in default, to undergo six months rigorous imprisonment. The Trial Court has also granted set-off under section 428 Cr.P.C., for the period of incarceration undergone by the appellant/accused during investigation/trial.

(2.) The sole accused/appellant, aggrieved by the conviction and sentence awarded by the Trial Court, vide impugned Judgment dated 28.03.2017, has preferred the present criminal appeal.

(3.) The facts leading to the filing of this Criminal Appeal, briefly narrated, are as follows:- 3.6 P.W.11, proceeded to the scene of crime and in the presence of P.W.6 and another, he prepared the Observation Mahazar [Ex.P.2] as well as the Rough Sketch [Ex.P.10]. P.W.11 in the presence of the said witnesses, recovered M.O.2-blood-stained earth and M.O.3-sample earth at about 22 15 hours under the cover of the Mahazar-Ex.P.2. He examined P.Ws.1 to 10 and recorded their statements under section 161 Cr.P.C., and continued with the investigation and searched for the accused and on receipt of secret information, effected arrest of the appellant/accused at about 3.00 a.m. on 08.06.2011 near Cantonment, Karayanchavadi. The accused voluntarily came forward to give a confession statement and it was recorded in the presence of P.W.6 and as per the admissible portion of the confession statement, marked as Ex.P.7, the cloth worn by him [M.Os.4 and 5] and M.O.1-knife were recovered under the cover of Mahazar - Ex.P.8. P.W.11 went to the Government Headquarters Hospital at Tiruvallur and held inquest on the dead body of the deceased in the presence of panchayatdhars and also arranged for taking photographs of the dead body. The photographs numbering 10 and the Compact Disc are marked as M.O.6 series. Thereafter, the body was sent for postmortem through P.W.9 - Head Constable attached to the respondent police station.