ANSARI Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment in S.C. No. 259 of 2005 on the file of Addl. Sessions Judge, Fast Track Court No. II, Kancheepuram, convicting the appellant/Second accused under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1,000/-.

(2.) CASE of the prosecution in nutshell is as follows:A1 to A3 and the deceased were associates. In the village, one Elumalai and Kumutha fell in love with each other. Objections were raised by the boy-s side. A1 was supporting the boy side, while the deceased was supporting the girl side. Thus, A1 and the deceased were in inimical terms. On the date of occurrence i.e., on 10.12.2001, when P.W.1 was sitting and chatting with one Ramalingam, along with the deceased, four persons came in TVS Suzuki motorbike and were proceeding towards Railway Station Road and they stopped the vehicle under a Tamarind Tree and talked for some time and they returned on the same way and went behind the School. The deceased dis-associated with the accused and went near a bush. Thereafter, on hearing the distress cry, P.W.1 rushed over there and saw the deceased being attacked by all the three accused indiscriminately. P.W.1 raised alarm and on hearing the alarm raised by P.W.1, neighbours gathered. On seeing the occurrence, P.W.1 threw stones on the accused. All the three accused fled away from the place of occurrence. P.W.1 went nearby the deceased and found the deceased Mari dead. He proceeded to the respondent-Police Station, where the Head Constable by name Pushparaj was on duty. He gave Exhibit P-1 report, on the strength of which, a case came to be registered in Crime No. 338 of 2001 at about 12.15 a.m. The printed F.I.R. Exhibit P-27 along with the complaint Exhibit P-1 were sent to Court.

(3.) THE first accused was also taken to police custody and when he was interrogated, he voluntarily gave confession statement and the same was recorded. THE weapon was recovered from him under a cover of mahazar. THEreafter, accused was sent to Judicial remand. All the material objects recovered from the place of occurrence and the dead body were subjected to chemical analysis by the Forensic department in Exhibit P-13 is the serologist-s report and Exhibit P-31 is the chemical report. Since P.W. 16 went on transfer, further investigation was done by P.W. 17. On completion of the investigation, the investigating officer P.W.17 filed the final report against accused No. 1 to 13.