MARIMUTHU Vs. STATE

JUDGEMENT

(1.) Murder is an inherently evil act, no matter what the circumstances, no matter how convincing the rationalization."? - Bentley Little, The Ignored - The Appellant herein, who is the Sole Accused in S.C.No.277 of 2016 on the file of the learned Principal Sessions Judge, Tirunelveli, Tirunelveli District, stands convicted by the Trial Court for offences under Sections 342 and 302 IPC as follows:

(2.) The case of the prosecution in nutshell was that the Appellant / accused and the deceased Sivanar are co-brothers and on 17.07.2015 at about 09.15pm, the accused, having suspected that the deceased had developed an illegal intimacy with his wife, had dragged the deceased into his house, when the deceased was walking through the street in front of his house along with his wife. It was alleged by the wife of the deceased / P.W.1 that the accused, after pulling the deceased inside his house, had dashed his head on the floor upwards and hit the face of the deceased with a grinding stone and thereby he caused the death of the deceased. Thereafter, the accused escaped from the scene of occurrence by jumping over the backside wall. It was further alleged by P.W.1 that when she along with P.Ws.3 and 4, who are the daughter and the son of the deceased, went inside the house after breaking open the same, it was found that the deceased was lying with severe injuries. Thereafter, P.W.1 and her daughter (P.W.3) went to the Police Station to prefer a complaint (Ex.P.1) to the Sub-Inspector of Police (P.W.17) at about 23.30 hours on 17.07.2015. Based on the complaint received from P.W.1, an FIR was registered (Ex.P.16) in Crime No.79 of 2015 for offences under Sections 342 and 302 IPC and the same was forwarded to the Court of Judicial Magistrate through P.W.14, a Police Constable.

(3.) The Inspector of Police (P.W.18), after receipt of the FIR had visited the scene of crime and conducted an inquest on the dead body of the deceased and prepared the Inquest Report (Ex.P.20) and subsequently, forwarded the dead body of the deceased to Tirunelveli Medical College Hospital for conducting Postmortem.