SANGILI Vs. STATE

JUDGEMENT

(1.) The appellant/accused no.1 has preferred this criminal appeal against the judgment dated 27.02.2017 in S.C No.198 of 2013 passed by the I Additional District and Sessions Judge, Madurai. There were totally three accused. The learned Trial Judge convicted the appellant for the offence under Section 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs.25,000/- in default to undergo one year rigorous imprisonment. The second accused was found guilty of the offence under Section 302 r/w. 34 IPC. The third accused was found guilty of the offence under Section 302 r/w 109 IPC. The second and third accused were also likewise sentenced to undergo life imprisonment and to pay a fine of Rs.25,000/- in default to undergo rigorous imprisonment for one year. The second and third accused filed Criminal Appeal Nos.138 and 139 of 2017 before the Division Bench of this Court and by a common judgment dated 12.07.2017, this Court held that they are entitled for acquittal and allowed their appeals and set aside the conviction and sentenced imposed on them. The present appellant did not challenge the impugned judgment in time. In fact, this appeal came to be filed after the appeals filed by A2 and A3 were allowed.

(2.) The prosecution case briefly stated is as under :

(3.) P.W.1 lodged Ex.P1 complaint leading to registration of Ex.P6 F.I.R in Crime No.74 of 2012 on the file of the Inspector of Police, Sedapatti Police Station, Madurai District. P.W.11 Sub Inspector of Police received the complaint and registered the FIR under Sections 302 and 109 IPC and forwarded the same to court through P.W 10, Head Constable Vasan. P.W.16, the Inspector of Police took up the case for investigation and reached the spot of occurrence at 21.30 hours and had the dead body sent to the Government Hospital. He prepared Observation Mahazar/Ex.P16 and rough sketch Ex.P17 and also seized blood stained earth and ordinary earth under Ex.P.18. He then conducted inquest over the dead body in the hospital in the presence of witnesses and panchayatdars and prepared inquest report/Ex.P19. At about 05.30 a.m, he arrested all the three accused and recorded their confession. The admissible portion of confession of A1 is marked as Ex.P20 and pursuant to the same, he seized M.O.1 knife under Ex.P21 seizure mahazar and forwarded the same to the court. He examined the witnesses and recorded their statements on 27.06.2012 and forwarded all the material objects to the court for chemical examination.