KANNAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment dated 21.11.2005 in S.C.No.320 of 2005 passed by the learned Principal Sessions Judge, Madurai.

(2.) The brief facts leading to the prosecution case are as follows: P.W.1 Radhakrishnan and P.W.2 Kalavathi are husband and wife. P.W.3 Prasannakumari is their daughter and the deceased viz., Krishnamurthi is their son. They were residing at 1398, Housing Board Colony at Villapuram, Madurai District. The appellant / sole accused was residing at Pudu Theru, Goripalayam, Madurai City and he was owning a grocery shop at Jaihindpuram. Whenever P.W.3 was going to school, the accused used to tease her. In respect of which, the deceased Krishnamurthi lodged a complaint (Ex.P.4) at Jaihindpuram Police Station. Due to the same, on 09.04.2004, the accused entered into the house of the deceased and threatened the family members while P.W.1 was away. When the matter stood thus, on 11.04.2004 at 8.30 p.m. the accused entered into the house of P.W.1 with M.O.2 knife, and attacked the family members with knife and also stabbed the deceased Krishnamurthi. All the injured were admitted in Madurai Government Rajaji Hospital. The deceased succumbed to injures on 14.04.2004.

(3.) On receiving information, P.W.10 Sub Inspector of Police recorded Ex.P.1 complaint from P.W.1 and also seized blood stained cloth M.O.1 from P.W.1. Thereafter, came back to the police station and registered First Information Report Ex.P.10 in Crime No.215 of 2004 under Sections 449, 307 and 324 IPC and set a copy of Ex.P.10 and also M.O.1 to the Judicial Magistrate concerned.