ELAMUTHU SELVAM Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is filed by the sole accused in Sessions Case No.52 of 2009 on the file of the V Additional District and Sessions Judge, Tirupati. He is aggrieved by the judgment dated 24.07.2009 in the above mentioned case, whereby, he was convicted for the offence under Section 302 IPC and sentenced to suffer imprisonment for life and also to pay a fine of Rs.100/ - (Rupees one hundred only), in default to suffer simple imprisonment for one month.

(2.) For convenience, the appellant is referred to as "the accused". The case of the prosecution, as set out in the charge sheet, briefly is as follows: -

(3.) While undergoing treatment, the injured succumbed to injuries on 11.08.2008 at 12.05 a.m, upon which, the section of law was altered to Section 302 IPC by re -registering Cr.No.137/2008 on 11.08.2008 by PW 9, who has issued express FIRs to all the officers concerned. On receipt of the FIR, PW 10 took up further investigation in the case and held inquest over the dead body of the deceased on 12.08.2008 from 10 a.m to 12.30 p.m at I.D.H Mortuary, SVRR Government Hospital, Tirupati in the presence of PWs 1 to 4 and LWs 9, 11 and PW 6. During the inquest, PW 10 examined PWs 1 to 4 and recorded their statements. Panchayatdars unanimously opined that due to petty quarrel, the accused with an intention to kill the deceased, stabbed him with a paper cutting knife and caused his death while undergoing treatment. After completion of inquest, PW 10 sent the dead body of the deceased to PW 7 for autopsy. PW 10 also examined PW 4 and LW 6 and recorded their statements. PW 7, who conducted autopsy over the dead body, opined that the cause of the death of the deceased was due to perforation of small intestines as a result of stab injury over the left side of the abdomen and injury No.5 was fatal. The viscera contents and the crime weapon were sent to RFSL, Tirupati for analysis. After completing the investigation, PW 10 filed the charge sheet.