S. PANDIDURAI Vs. PANDIYARAJAN

JUDGEMENT

(1.) The appellant herein was the first accused in S. C. No. 150 of 2015 on the file of the Principal Sessions Judge, Tiruchirapalli. During the course of trial, the second accused in S. C. No. 150 of 2015 namely Vanthakkai Bala @ Balamurugan was reported absconding and therefore, the trial court proceeded with the trial as against the first accused/appellant herein and the trial against the second accused was split-up. The trial court, on completion of trial against the first accused/ appellant has convicted him for the offence punishable under Sections 120 (B) and sentenced to undergo life imprisonment with fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a period of six months. The first accused/ appellant was also convicted under Section 302 of IPC and sentenced him to undergo imprisonment for life together with fine of Rs. 1,000/-, failing which to undergo rigorous imprisonment for a period of six months. However, the sentences were ordered to run concurrently.

(2.) The deceased in this case is Balasubramani, who is the husband of PW1. The prosecution came to be launched against the accused in this case on the basis of the complaint, Ex. P1 dated 26. 09. 2014 given by PW1 on 26. 09. 2014. According to PW1, the deceased was employed as a Security Guard in a company called Vishwas Security Services and he was deputed as a Security Guard in the site where construction was going on at Door No. 15-C, Railway Junction Institute Road, near Trichy Junction. On the night of 25. 09. 2014, the deceased left for his work from his home as usual. While so on 26. 09. 2014 at 5. 00 am, PW1 was informed by Sathish Kumar, PW4 that the deceased sustained head injuries and was lying unconscious in the building site. Immediately, PW1 rushed to the place of occurrence - the building site, where she saw the deceased dead in a sitting position in a plastic chair with his left hand hanging precariously. PW1 also noticed cut injuries on the left forehead of the deceased with profuse bleeding. Immediately, PW1 has given a complaint, Ex. P1 to PW14, Sub-Inspector of Police, Cantonment Police, who, on receipt of the same, registered a case in Crime No. 893 of 2014 under Section 302 of IPC. Ex. P12 is the First Information Report. PW14 forwarded the First Information Report to the jurisdictional Magistrate and copies were forwarded to higher authorities. On receipt of a copy of Ex. P12, PW16, Inspector of Police, proceeded to the scene of occurrence at 6. 30 am and prepared an Observation Mahazar, Ex. P10 and also a rough sketch, Ex. P13 in the presence of witnesses Mr. Arul (PW11) and Arputharaj. Thereafter, PW16 conducted an inquest over the dead body of the deceased in the presence of Panchayatars and the above said witnesses. Ex. P14 is the Inquest Report. PW16 also collected blood stained earth (MO5) and sample earth (MO6) smeared on the black topped road in the place of occurrence under a Mahazar, Ex. P11 and they were forwarded to the Court by preparing Form No. 95, Ex. P15. Later, PW16 sent the dead body of the deceased for postmortem through Thirunavukkarasu, Head Constable, PW12 and accordingly, the dead body was sent for postmortem. Dr. Saravanan (PW8), Assistant Professor, Department of Forensic Science, K. A. P. V. G. Medical College Hospital, Tiruchirapalli conducted postmortem and issued Ex. P2, Postmortem Certificate, wherein, it was stated as follows:-

(3.) After receipt of Viscera and Histopathological examination report, Ex. P3, PW8 has given his final report, Ex. P4 wherein he has opined that the deceased would appear to have died due to head and face injuries. .