RAMACHANDRAN Vs. STATE

JUDGEMENT

(1.) The appellant is the single accused in this appeal. He was charged for the offence under Sections 294(b) and 302 of I.P.C. The trial Court, by its judgment dated 20.03.2014, found the appellant guilty for the offence under Sections 294(b) and 304(ii) I.P.C. and sentenced him to undergo 5 years RI and to pay a fine of Rs.1,000/- in default to undergo 1 month SI for the offence under Section 304(ii) IPC and sentenced him to undergo 1 month SI for the offence under Section 294(b) IPC and both the sentences are ordered to run concurrently. Against the said conviction and sentence, this present appeal has been filed.

(2.) The prosecution, in this case, has examined P.Ws.1 to 12 and marked Exs.P1 to 13 and M.O.1 in this case.

(3.) The case of the prosecution is that on 08.02/09.02.2011 at about 00.30 hours, P.W.1 and his friend Kannan, who is the deceased were having dinner. At that time, the appellant was said to have been teetered into the house, which was questioned by the said Kannan and thereafter, a wordy altercation and fight has taken place. The appellant had abused him and both of them had a scuffle and P.W.2, who is the friend of P.W.1 as well as the deceased, had come there and they had attempted to separate the deceased and the appellant from the scuffle and thereafter, the deceased was left unconscious and the appellant ran away from the scene of occurrence and thereafter, P.W.1 had informed P.W.3, the wife of the deceased about the incident and the injured Kannan was taken to the Government Hospital, Theni. P.W.8 is the casualty medical doctor, who examined and admitted the injured Kannan and issued Accident Register Ex.P5. Thereafter, P.W.3 taken her husband Kannan to Government Rajaji Hospital, Madurai. P.W.9 is the casualty medical doctor, who had issued Ex.P6, Accident Register. Thereafter, on 15.02.2011, the deceased had succumbed to the injuries. P.W.6 is the police constable, who produced the body for postmortem. P.W.11, postmortem doctor conducted postmortem issued postmortem certificate Ex.P8. In the meanwhile, after admitting the injured Kannan to the hospital, P.W.1 had come to the respondent police lodged a complaint to P.W.10, Special Sub Inspector of Police, who registered an FIR Ex.P7. P.W.12, Inspector of Police taken up investigation, visited the scene of occurrence, prepared observation mahazer, seized articles from the scene of occurrence examined witnesses to the occurrence. Thereafter, on coming to know that the accused had surrendered himself, he was taken to police custody, formal arrest done, recorded the confession statement and also recovered M.O.1. Thereafter, examined the doctors and after obtaining postmortem certificate, forensic report, he filed the charge sheet in this case.