JAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.83 of 2016 on the file of the II Additional Judge, District and Sessions Court, Tiruppur and he stood charged, tried and convicted as under, vide impugned judgment dated 31.10.2017:

(2.) Facts leading to the filing of this Criminal Appeal, relevant for the purpose of disposal of this case, briefly narrated are as follows: 4. The body was first seen by the undersigned at 10.20 a.m. on 012015. It condition then was rigor mortis present seen all over the body. Post-mortem commenced at 11.45 a.m. on 0115. Appearances found at the post-mortem. Moderately nourished body of a male aged about 40 years. Finger and toenails were pale. PW11 commenced the postmortem at about 11.45 a.m on 012015 and recorded other findings: "Other Findings: 9. PW14 continued with the investigation and upon receipt of secret information as to the presence of the accused, he effected the arrest of the accused at 13.00 hours on 012015. The appellant/accused, in the presence of one Mohanraj and Karrupasamy, voluntarily came forward to give confession statement and as per the admissible portion of the confession statement, PW14 had recovered the blood stained Wooden Log - M.O.1 under the cover of Mahazar, Ex.P5. At about 15.15 hours on 012015, the shirt - M.O.8 worn by the accused, Nokia Cellphone - M.O.4 and Cash were recovered by PW14 under the cover of Mahazar - Ex.P6 in the presence of the very same witnesses and thereafter, the appellant/accused was sent for remand to the Judicial Magistrate Court, Avinashi and also seized the articles under Form-95. 10. PW14 sent the seized articles for chemical analysis and thereafter, once again recorded the statements of PW1, Parimala (PW4), Murugan, Elumalai, Mohanraj, Karuppasamy and recorded their statements and on 112015, had recorded the statements of Jayanthi, Dr.Prabhu Anand/PW10, PW7, Manimekalai and Ranganathan. PW14 made a requisition for recording the statement of PW1, PW2, PW8, Dayabaran and Raja under Sec. 164 Crimial P.C. and therefore, their statements were recorded by the Court of Judicial Magistrate (FTC), Thiruppur and the said statements recorded were marked as Ex.P16 series. 11. On 30.12015, PW14 once again recorded the statements of PW1, PW2, PW8, Dayabaran and Raja. On 07.01.2016, PW14 had examined the Doctor/ PW10, who issued the Accident Register/Ex.P10 to PW1 and also examined the Doctor/PW11, who conducted the autopsy. PW14 also examined PW12-Forensic Expert and after completion of investigation, has altered the Sections from 302 and 307 I.P.C to 302, 307 and 394 r/w. 397 I.P.C. and filed the Alteration Report marked as Ex.P18 and after obtaining opinion from the Deputy Director of Prosecution, Coimbatore, had filed the Charge Sheet on 11.01.2016 on the file of the Court of Judicial Magistrate, Tiruppur, charging the appellant/accused for the aforesaid offences, who took it on file in P.R.C.No.15/2016. 1 The Committal Court issued summons to the accused and on his appearance, furnished him with copies of documents under Sec. 207 Crimial P.C. and having found that the case is exclusively triable by the Sessions Court, had committed the same to the Principal District Court at Tiruppur and the said Court, in-turn made over the same to the II Additional District and Sessions Judge, Tiruppur, who took it on file in S.C.No.83 of 2016. The appellant/accused was issued with summons and on his appearance, charges under Sections 302, 307 and 394 r/w. 397 Penal Code has been framed. 13. The prosecution, in order to sustain it's case, examined PWs.1 to 14, marked Exs.P1 to P20 and also marked M.Os.1 to 10. The appellant/accused was questioned under Sec. 313(1)(b) Crimial P.C. with regard to incriminating circumstances made out against him and he denied it as false. The appellant/accused did not examine any witness and not marked any document. 14. The Trial Court, on a consideration of oral and documentary evidence and other materials, had found the appellant/accused guilty of the offences and sentenced him as stated above, vide impugned judgment dated 31.10.2017 and challenging the same, the present Criminal Appeal is filed.

(3.) Mr.T.Muruganantham, learned counsel appearing for the appellant/accused made the following submissions: