GOPI Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court, Dharmapuri made in S.C. No. 285 of 2004 whereby the sole accused/appellant stood charged, tried and found guilty of the offence under Section 302 I.P.C. and awarded life imprisonment.

(2.) THE short facts necessary for the disposal of the appeal can be stated thus:THE appellant/accused was a worker in A.K.P. Poultry Farm at Pappampadi and he was also living in the quarters attached to it. THE deceased Babu was rung a chicken centre at Pudupatti. On 7.3.2004 at about 7.30 p.m., there was a wordy quarrel between both of them. THE same was witnessed by P.W. 4. THE next day i.e., on 8.3.2004 at about 8.00 p.m. the deceased went to the place of the accused along with P.W.2 and questioned about the previous day occurrence and in that transaction the accused got wild and took a koduval and attacked him on the different parts of the body as a result of which the said Babu died. P.W.2 rushed to the house of the deceased and narrated the same to P.W.1 and to his brother Mani, who is the father of the deceased. P.W.1 went to the spot and after ascertaining the fact, he proceeded to the respondent Police Station at about 10 p.m. and gave a complaint which is marked as Exhibit P-1 and on the strength of which, a case came to be registered by P.W.10 to Sub-Inspector of Police in Crime No. 69 of 2004 for the offence under Section 302 I.P.C. THE printed F.I.R. was despatched to Court. On receipt of the copy of the F.I.R., P.W.11 the Investigating Officer took up investigation, proceeded to the scene of occurrence, made an inspection and prepared Exhibit P-2 observation mahazar and drew a rough sketch Exhibit P-15. He also conducted inquest on the dead body of the deceased and prepared Exhibit P-16 the inquest report in the presence of witnesses and panchayatars. Pursuant to the requisition made by the Investigating Officer, the dead body was subjected to post mortem. P.W.6 the doctor conducted post-mortem on the dead body of the deceased and issued Exhibit P-7 post-mortem certificate wherein he has opined that the deceased died out of shock and haemorrhage due to the injuries sustained. On 10.3.2004 at about 9.00 a.m. the accused was arrested. He gave a confessional statement and the same was recorded in the presence of witnesses and the admissible part of the same is marked as Exhibit P- 4. THE accused produce M.O.6 koduval which was recovered under Exhibit P-4 mahazar in the presence of witnesses. Pursuant to the requisition made the material objects which were recovered from the place of occurrence and from the dead body and the material object koduval recovered from the accused were all subjected to chemical analysis which resulted in Exhibit P-12 chemical report and Exhibit P-13 serologist report. On completion of the investigation, the investigating officer file a final report.

(3.) THE Court heard the learned counsel for the State on the above contention and paid its anxious consideration on the submissions made.