- (1.)THE appellant is the sole accused in S. C. No. 56 of 1997 on the file of the First Additional Sessions Court of Dharmapuri and Chief Judicial Magistrate Court of Krishnagiri at Krishnagiri. The appeal is filed against the conviction and sentence imposed on the accused to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/-, in default to undergo three months simple imprisonment for the offence under Section 304 Part-II, IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/-, in default, to undergo simple imprisonment for one month for the offence under Section 324, I. P. C. as per the judgment dated 12. 5. 1999.
(2.)THE brief facts that led to the filing of this appeal are as follows:-
" (a) P. W. 2 Poojiammal is the wife of the deceased Poadiappan, who is the poosari of Karumariamman temple, Maithandapalli. P. W. 1 Muniappan went to the temple on Friday Morning and poojai was performed by the deceased Poadiappan and as requested by the poojari, the deceased, P. W. 1 stayed in the temple. The accused was brought by one Chinnaraj on the said Friday Evening to cure some disease to the accused. P. W. 1, accused and Chinnaraj stayed in the temple on Saturday and Sunday and they informed the deceased that they would leave the temple on Monday. Since the deceased said that he would perform poojai, they stayed at temple on Monday also. (b) On Tuesday morning, i. e. , the day of occurrence 19. 11. 1996 (two years before P. W. 1 gave evidence on 16. 3. 1999), the accused by stating as to why Chinnaraj has not taken him back to his place, took M. O. 1 Thirisoolam from nearby ant-hill and stabbed on the left hand shoulder of Chinnaraj with back sharp portion of M. O. 1. When the deceased poojari intervened, the accused also stabbed the deceased on the neck above the left chest with back sharp portion of M. O. 1 Thirisoolam. When P. W. 2 came running, the accused also stabbed P. W. 2 on her right axilla with back sharp portion of M. O. 1 Thirisoolam. P. W. 1 shouted and P. W. 3 Ellappan came. The accused ran towards West with M. O. 1 chased by P. W. 3. The deceased died on the spot. (c) P. W. 1 took P. W. 2, the wife of the deceased to Hosur Government Hospital in the tempo and on the way, P. W. 1 got down at Soolagiri and went to police station. P. W. 1 gave the complaint Ex. P-1 at 8. 00 a. m. on 19. 11. 1996 to P. W. 9, the Sub Inspector of Police, Soolagiri, who registered the same in Crime No. 498 of 1996 under Sections 324 and 302 IPC. Ex. P-10 is the printed FIR. P. W. 9 sent the copy of FIR to the Court and higher officials. P. W. 9 gave information to P. W. 12, the Inspector of Police at 9. 00 a. m. when he came to police station. (d) P. W. 12 took up investigation and went to the scene of occurrence, viz. , Maithandapalli Karumariamman temple at 9. 15 a. m. and prepared rough sketch Ex. P-16 and observation mahazar Ex. P-2 in the presence of P. W. 5 Perumal and one Appavu. P. W. 12 conducted inquest on the body of the deceased between 10. 00 a. m. to 11. 00 a. m. in the presence of panchayatars. Inquest report is Ex. P-17. P. W. 12 sent the body of the deceased for post-mortem through constable P. W. 8. (e) On receiving the requisition Ex. P-9, P. W. 10, Dr. Balasubramanian, attached to the Hosur Government Hospital conducted autopsy on the body of the deceased at 10. 00 a. m. on 20. 11. 1996. P. W. 10 found the following external injuries:-"an incised wound of 2 cm x 1 cm x 10 cm over the left supra clavicular region seen. On exploring the wound left subclavicular artery of vein were found severed. " doctor P. W. 10 has opined that the deceased would appear to have died of shock and haemmorrhage due to injury to major blood vessels about 24 to 30 hours prior to autopsy. He issued post-mortem certificate Ex. P-11. (f) In the mean time P. W. 2, the injured was admitted in the Hosur Government Hospital by her daughter-in-law Maragadham. P. W. 2 was examined by Doctor P. W. 7 at 11. 00 a. m. on 19. 11. 1996. P. W. 7 found the following injury:-"contusion 5 cm x 5 cm over right sided chest lateral aspect with stab wound 2 cm x 2 cm x depth could not be measured over it, because of fresh bleeding from the wound. " p. W. 7 doctor opined that the injury is simple and P. W. 2 was discharged from the hospital on 26. 11. 1996. P. W. 7 issued wound certificate Ex. P-5. (g) P. W. 12 examined the injured Chinnaraj and sent him to hospital for taking treatment for the injury suffered by him. P. W. 12 came back to the police station and then went to Hosur Government Hospital and examined P. W. 2, who was taking treatment as inpatient. (h) P. W. 7, who gave treatment to Chinnaraj issued wound certificate Ex. P-8. As per wound certificate Ex. P-8, P. W. 7, doctor found the following injuries:-"

" (1) Lacerated injury 2 cm x 2 cm x 3 cm depth over left arm. (2) 5 cm x 5 cm contusion over right sided back (3)10 cm x 1 cm abrasion over right elbow p. W. 7 has opined that the injuries are simple and he discharged Chinnaraj on 22. 11. 1996. (i) P. W. 12 continuing the investigation arrested the accused on 19. 11. 1996 at 4. 00 p. m. in the presence P. W. 6, Village Administrative Officer and Thalayari. The accused gave confession statement, the admissible portion is Ex. P-3 in the presence of the above witnesses and took P. W. 12 and the above witnesses and produced M. O. 1 Thirisoolam, hidden in a bush nearby banian tree, situated in the Maithandapalli road. P. W. 12 recovered the same under Ex. P-4 seizure mahazar in the presence of the above said witnesses. He sent the accused for remand and also the material objects to the Court of Judicial Magistrate. After completing investigation, P. W. 12 filed the final report. Serological report is Ex. P-15 and the chemical report is Ex. P-14. "

(3.)TO prove the case, the prosecution examined P. Ws. 1 to 12 and marked Exs. P-1 to P-17 and M. Os. 1 to 4. Prosecution has not examined Chinnaraj, the injured during the occurrence as not available.