IRUTHAYARAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge (Fast Track Court No.1), Chengalput in S.C.No.237 of 2005 dated 03.06.2005 directing the accused to undergo life imprisonment for the offence under Section 302 I.P.C., and to pay a fine of Rs.500/- in default to undergo 6 months rigorous imprisonment.

(2.) THE case of the prosecution was that on 11.05.2005 at about 1.30 a.m., at Kakkan Street, Tambaram, the accused had, with an intention to cause death of the deceased Ramesh when the said Ramesh was sleeping in front of Rasi Ice Company, with a wooden log hit at the head of the said Ramesh continuously and caused injuries on his head and neck and due to the said injuries, the said Ramesh succumbed to death. THErefore, the accused was charged for the offence under Section 302 I.P.C.

(3.) THE complaint given by P.W.1 was registered by P.W.11-the Inspector of Police, Tambaram Police Station, under Crime No.633 of 2005 for the offence under Section 302 I.P.C. He prepared the Express First Information Report-Ex.P.9 and immediately sent the same to the Court and to his higher officials. THEreafter, P.W.14-the Investigating Officer took the case on file in Crime No.633 of 2005 and he went to the scene of occurrence on the same day at about 8.30 p.m., and prepared observation mahazar-Ex.P.2, rough sketch-Ex.P.16, Inquest report-Ex.P.17 and directed P.W.10, the Photographer to take photographs in the presence of one Gopi-P.W.7. Further, he sent the body of the deceased to the Government Hospital for post mortem. THEreafter, he examined the witnesses and recorded their statements in the presence of Panchayatdars. P.W.14 arrested the accused on the same day at 10.45 a.m. Near Amman Koil, Durga Nagar, Cherompet. Further he recorded the confession statement of the accused. On the basis of the admissible portion of the confession statement of the accused-Ex.P.7 and on identification of the accused, P.W.14 recovered M.O.1"the wooden log and Mos.9 and 10. THEreafter, he remanded the accused to judicial custody. He sent M.O.1 to the Forensic Department. Finally, he completed investigation and filed a charge sheet against the accused for the offence under Section 302 I.P.C.