B.PUGALENDHI, J. -
(1.) Appellant is the sole accused in S.C.No.55 of 2015 on the file of the learned IV Additional District and Sessions Judge, Madurai and he was tried for the commission of offences under Sections 294(b), 341 and 302 I.P.C. The trial Court by order dated 14.02.2018, found the appellant guilty for the offences under Sections 294(b), 341 and 302 I.P.C. and convicted and sentenced him as follows:
As against the conviction and sentence imposed by the trial Court, the appellant has preferred this Criminal Appeal.
(2.) The case of the prosecution in nutshell is as follows:
2.1.The deceased Bose Thevar was working in a private security agency and he was having a dispute regarding the pathway with his neighbour Dharmar and his son Sivapandi, the appellant herein. The appellant and his father claimed right over the pathway and blocked the pathway. Previously, on account of that, there was an earlier incident in which the appellant has assaulted the son of the deceased one Mahendran, P.W.7 herein. On the intervention of the elders of that area, the matter was amicable solved. But, however, the appellant used to quarrel with the deceased and his family members. 10 days prior to the occurrence, the deceased passed urine in front of the house of the deceased, which was objected by the deceased saying that when womenfolks are available in his house, how he can behave in such a way, for which, the accused/appellant abused the deceased with filthy words and also criminally intimidated. The deceased has also assaulted the accused/appellant. The accused by threatening him to do away with his life, went to the house and in order to avoid any incident, P.W.1, wife of the deceased put the deceased in a room and locked the room and prevented any incident on that day. The accused after some time came with an aruval and was screening and searching for the deceased and on the advice of the neighbours an incident was avoided on that day. But, however, on that day itself, the accused warned the deceased's family that on one day he would murder him.
2.2.On 16.07.2014 at about 5.30 p.m. when the deceased was sitting along with his wife P.W.1 on his pial, the accused came to the house with an aruval and on seeing this P.W.1 insisted her husband, the deceased, to go inside the house, but the accused waylaid the deceased and attacked him on his neck. Even after he fell down, the accused has cut his throat. On seeing the incident P.Ws.3 and 4, the neighbours of the deceased rushed to the place of occurrence and on seeing them the accused rushed with Aruval. Thereafter, P.Ws.3 and 4 took the deceased in a motorcycle to a private hospital viz., Lakshmana Hospital and provided first aid and thereafter he was taken to Madurai Government Rajaji Hospital and admitted in Ward No.99 on 16.07.2014, at about 7.42 p.m. The deceased without responding to the treatment died in the hospital at about 8.15 p.m.
2.3.On intimation from the Government Rajaji Hospital, P.W.17, the Special Sub-Inspector of Police, Subramaniapuram Police Station went to the Government Hospital at about 9.30 p.m. recorded the statement (Ex.P.1) from the wife of the deceased (P.W.1) and registered a case in Crime No.684 of 2014, under Sections 294(b), 341 and 302 I.P.C. and despatched the Printed F.I.R. [Ex.P.11] to the Court and the same was received by the concerned judicial Magistrate on 17.07.2014 at 2.30 a.m.
2.4.On receipt of the information regarding registration of the F.I.R., P.W.20 - Prem Arand, the Inspector of Police, Subramaniapuram Police Station, took up the investigation in Crime No.684 of 2014 and on 16.07.2014 at 11.30 p.m. he went to the place of occurrence and prepared Observation Mahazar (Ex.P.5) and Rough Sketch (Ex.P.14) in the presence of P.W.10 - Pavunraj and another. He also collected blood stained soil (M.O.2) and ordinary soil (M.O.3) under a cover of mahazar Ex,P.6. He also examined P.Ws.3, 4 and 10 and one Paulraj and recorded their statements.
2.5.On information, P.W.20 arrested the accused on 17.07.2014 at about 5.00 a.m. near Gothandaramar Temple at Madurai in the presence of one Thangapandi and Muthukalai (P.W.11) and recorded the confession statement voluntarily given by him. Pursuant to the admissible portion of the confession leading to recovery - Ex.P.7, P.W.20 recovered M.O.1 Aruval from the bush nearby the house of the accused under a cover of mahazar, Ex.P.8. Thereafter, he sent the accused for judicial custody.
2.6.Thereafter, P.W.20 went to Madurai Government Rajaji Hospital and conducted inquest from 8.00 a.m. to 10.00 a.m. in the presence of Panchayatars and the inquest report is marked as Ex.P.15. Thereafter, P.W.20 handed over the dead body to P.W.14, Grade I Police Constable for conducting postmortem.
2.7.The P.W.12 is the doctor who conducted the postmortem and he found the following ante mortem injuries:
"1.An Oblique sutured out injury measuring 8cm x 1.5cm x muscle deep noted on left side of middle of neck. On dissection: The wound found cutting the underlying muscles, vessels, (Jagular vessels) and nerves.
2. Transversely oblique incised wound measuring 5cm x 0.5cm x muscle deep noted on front of middle of neck."
The postmortem certificate is marked as Ex.P.9 and the doctor P.W.12 gave his final opinion that the deceased would appear to have died of shock and haemorrhage due to cut injury to neck.
2.8.The investigation Officer P.W.20 continued the investigation and examined P.Ws.3, 11, 1, 5, 13, 14, 17 and others and recorded their statements. He also recovered Blood stained white colour full hand shirt, white colour dhoti and trouser (M.Os.4 to 6) from the body of the deceased through P.W.14 and forwarded the same to the concerned Judicial Magistrate in Form 95, marked as Ex.P.16 and requested the Judicial Magistrate to send the material objects for chemical analysis. After completing the investigation, he filed his final report as against the accused on 07.07.2016 for the offences under Sections 120(B), 341 and 302 I.P.C.
(3.) During the trial, 20 witnesses have been examined on the side of the prosecution and 16 documents were marked and 6 material objects were produced in support of the prosecution case. V.Chandran, Record Clerk, Government Rajaji Hospital, Madurai was examined as C.W.1 and Copy of Attendance Register of Doctors in Government Rajaji Hospital, Madurai for the month of July, 2014 and Case Records pertaining to deceased Bose Thevar, issued by Government Rajaji Hospital, Madurai were marked as Court side Exs.C1 and C2 respectively. When the incriminating materials were put to the accused under Section 313 CrPC, the accused denied the same. The accused has not examined any witness, however marked the summon dated 02.07.2015 served on List of Witnesses 1 to 4 as Ex.D.1 in support of his case.;