SAMINATHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court, Vellore made in S.C.No.233 of 2005, whereby the appellant/sole accused stood charged under Section 302 IPC, tried, found guilty as per the charge of murder and awarded punishment of life imprisonment and to pay a fine of Rs.500/-, in default to undergo 3 months R.I.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus: a) P.W.1 was living with his wife at Chinnakenganallur Arundathi Colony. He was doing cobbler job. THE shop of P.W.1 is situated near the shop of the accused. On 16.10.2004 at about 6.00 p.m., the deceased Samundi, who was in drunken mood, came to the bazaar and was quarrelling for his cooli. He was also uttering filthy language in the public place. At that time, one Kannaudaiyar and Chinnappa Mudaliar were sitting by the side and Kannaudaiyar warned the deceased. At that time, the accused warned him to go from the place, for which the deceased replied that the accused himself is having a shop in poramboke land and he should not speak anything. Being provoked by the words, the accused took the stick and attacked the deceased on his head. THE deceased fell down. This was witnessed by P.W.1 and others. b) THE wife of the deceased was informed and she rushed to the place. All of them took the deceased to his house and the deceased died at 9.00 p.m. P.W.1 went to the police station next morning and gave Ex.P.1, the complaint to P.W.10, the Inspector of Police, who registered the case in Crime No.415 of 2004 under Section 302 IPC. Ex.P.9, the F.I.R. was despatched to the Court. c) P.W.10 took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Exs.P.2 and P.3, the observation mahazars and Exs.P.10 and P.11, the rough sketches. THE place of occurrence and the dead body were photographed through P.W.7, the photographer. Ex.P.6 is the photos and negatives. He conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.12, the inquest report. THEn, the dead body was sent to the hospital for the purpose of autopsy. d) P.W.9, the Doctor attached to the Vellore Government Medical College Hospital, on receipt of the requisition, has conducted autopsy on the dead body of the deceased and has issued Ex.P.8, the post-mortem certificate, wherein he has opined that the deceased would appear to have died of head injury about 15 to 20 hours prior to post-mortem. e) Pending investigation, the accused was arrested on 18.10.2004 and he came forward to give confessional statement, which was recorded in the presence of the witnesses, the admissible part of the same was marked as Ex.P.4. Pursuant to the same, the accused produced M.O.1, wooden log, which was recovered under a cover of mahazar. THE accused was sent for judicial remand. THE Investigator examined the witnesses and recorded their statements. On completion of the investigation, he filed the final report.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.