M. CHOCKALINGAM, J. - (1.)THIS appeal challenges the judgment dated 20/11/2009 passed by the Sessions Judge, Special Court for Bomb Blast Cases, Coimbatore, Coimbafore District in S.C. No.101 of 2009, whereby the sole accused/ appellant stood charged for the offence under Section 302 of the Indian Penal Code, tried and awarded life imprisonment and to pay a fine of Rs.10,000.00 in default to undergo Rigorous' Imprisonment for two months.
(2.)THE short facts for the disposal of the case can be stated thus:-
(i) P.Ws.1, 2,11 and 17 are neighbors. THE deceased was also residing nearby their house. THE deceased has already got married. During the relevant time, he left his family in a distant place, since he was employed at Coimbatore. Equally, the accused also, who got married, left his family away in a distant place and came to Coimbatore to eke his livelihood. P.W. 3, who has already got married deserted her husband and developed illicit intimacy with the accused. While so, the deceased developed illicit intimacy with P.W. 3 and apart from that, he married her in a nearby temple in the evening hours of 4th February, 2008.
(ii) On the same day at about 10 p.m., when the deceased was breaking open the lock, P.Ws. 1 and 10 questioned him as to why he was doing so. He said that he lost his key. THEreafter, he parked his motorcycle and got into the house. P.Ws. 1 and 10 entered the house of the deceased and while they were talking, the deceased informed them that he married P.W. 3 that day. Immediately, P.Ws. 1 and 10 questioned him as to whether it is with the knowledge of his mother. THE deceased told them that she went to the native place and hence he did not obtain her consent. After some times, he got the cell phone of P.W. 1 and informed his brother about the marriage through cell phone. THEreafter, P.Ws. 1 and 10 left the house leaving the deceased.
(iii) At about 2.45 a.m., on hearing the barking noise of the dog, P.W. 2 came out of the house and saw both the deceased and the accused. THE deceased was wearing jatti and the accused was seen in black colour'T' shirt and pant and they were fighting with each other. At that time, the deceased placed his hand on the chest and fell down. THEreafter, P.W. 2 witnessed the accused running from the place of occurrence. He was asking the deceased whether he wanted to give any medical aid, but within a short span of time, the deceased died.
(iv) THE other neighbour P.W. 1 rushed to the respondent-police and gave Ex.P1 complaint at about 4.30 a.m. P.W. 16"Sub-Inspec- tor of Police, who was on duty, on the strength of Ex.P1 report, registered the case in Crime No.164 of 2008 for the offence under Section 302 of the Indian Penal Code. THE First Information Report Ex.P18 was despatched to the Court.
(v) On receipt of Ex.P1 complaint, P.W. 20 Inspector proceeded to the spot, made an inspection and prepared observation mahazar Ex.P2 and sketch Ex.P20. He recovered blood-stained earth and sample earth from the place of occurrence under the cover of mahazar Ex.P3. He also took photographs of the dead body and remnants through photographer and they are marked as Ex.P19 series.
(vi) THEreafter, P.W.20 Inspector conducted inquest on the dead body and prepared inquest report Ex.P21 in the presence of witnesses and panchayatars and thereafter, the dead body was sent for post-mortem. P.W. 13 Doctor, who has conducted post-mortem, issued post-mortem Certificate Ex.P9 and Final Opinion Ex.P10, wherein she has opined that that the deceased would appear to have died of shock and haemorrhage due to abdominal injury sustained by him. In the postmortem Certificate, the following injuries are noted:-
"THE following ante-mortem injuries are seen in the body:- (1) Reddish abrasions seen over the following regions: - 3x2 cm over front of left shoulder seen 6 cm inner to top of shoulder, - 4x1. 5cm in the outer aspect of left arm seen 13 cm below top of left shoulder, - 5x4 cm seen over front of left knee. - 4x1.5 cm seen over inner aspect of left wrist. 2) Cut wounds seen in the following regions: - 3x0.5x0.25 cm muscle deep, seen in the back of proximal phalanx of right thumb, - 2x0.5x0.25 cm over inner aspect of proximal phalanx of right little finger, - 9x0.5x0.25 cm over center of right palm 5 cm below wrist joint, - 3.5x0.25x0.25 cm seen 7 cm below right nipple, 3) 2x0.25 cm scratch wound seen in the front of center of neck 9 cm below chin. 4) Vertically oblique stab injury 5x2 cm noted in the center of abdomen, 17 cm above umbilicus in the midline through which the mesenteric fat is seen protruding out. THE wound passes downwards and inwards penetrating the anterior abdominal wall, peritoneum and the stomach through and through, 3x2 cm in both its anterior and posterior walls and has ended piercing the inferior vene cava 0.25x0.2 cms entering into lumen. THE margins of the wound are clean cut and the lower end is sharp. THE total length of the wound track is about 16 cm. Peritoneal cavity contains 2500 ml of blood with clots." (vii) On 5.2.2010, the accused was arrested. He gave confessional statement voluntarily and the same was recorded in the presence of witnesses and the admissible portion of the same is marked as Ex.P7. He also produced M.Os. 9 to 11 knife, weapon of crime, grey colour pant, black colour 'T' shirt respectively and the same were recovered under the cover of mahazar Ex.P20. THE accused was sent for judicial remand. All the material objects were sent to the Forensic Department and the reports received from them are marked as Exs.P12, 24 and 25. On completion of investigation, final report is filed. THE case was committed to the Court of Session. Necessary charges were framed against the accused.

In order to substantiate its case, the prosecution examined 23 witnesses and relied on 27 documents and also relied on M.Os.1 to 13. On completion of examination of witnesses on the side of the prosecution, when the accused was questioned under Section 313 of the Criminal Procedure Code, he denied them as false. No witness was examined on the side of the accused.

The Trial Court, after hearing the arguments advanced by either side and scrutinised the materials available on record, found the accused guilty under Section 302 of the Indian Penal Code and awarded punishment as referred to above. Hence this appeal is filed at the instance of the appellant.

(3.)ADVANCING arguments on behalf of the appellant, Mr.V. Kathirvelu, learned counsel would submit that in the instant case, the prosecution has miserably failed to prove its case. Learned counsel would submit that P.Ws.1 and 10 were examined to the effect that they were talking to the deceased on the previous night, but they have not spoken anything about the occurrence. According to the prosecution, P.Ws. 2 and 17 were examined as eye witnesses. The statement of P.W.17 though claimed to have been recorded on the very day, it reached the Court after two months. Therefore, no evidentiary value can be given to his evidence.
Insofar as the evidence of P.W. 2 is concerned, it is unreliable. He came out of the house on hearing the barking sound of the dog and saw the accused and the deceased coming out of the house and thereafter, he saw the accused ran away from the place of occurrence. When he came out, within a short span of time P.W.I and other witness came there. Had it been true, he should have immediately informed P.W. 1 about the incident, but he has not done so. Hence, it would be quite clear from Ex.P1 report alleged to have been given by P.W.I in which there is no mentioning about the presence of the accused at all and hence the evidence of P.W. 2 should not have been relied on by the prosecution.