- (1.) This appeal is directed against the judgment dated 28th March, 2005 rendered by the High Court of Judicature at Madras in Criminal Appeal No.648 of 1997, by which, judgment dated February 14, 1997 passed by learned First Additional Sessions Judge, Coimbatore in Sessions Case No.63 of 1996, convicting the appellant under Section 302 of the Indian Penal Code (for short "the Code") and sentencing him to R.I. for life, is confirmed.
(2.) The facts emerging from the record of the case are as under: The appellant is a resident of village Thirumalainaickenpalayam. The name of his younger brother is Dorai @ Nataraj, who was also residing in the same village at the relevant time. The elder daughter of Nataraj was going to Pioneer Mill School for studies. She had an affair with one Kirshnamurthy, who was a teacher in the school. Therefore, Mr. Dorai vacated his house situated in village and shifted his family to a house located in the garden. He also stopped Punitha from attending the school. Punitha, however, eloped with her teacher and, therefore, a missing report was lodged by Dorai @ Nataraj with Periyanaickenpalayam Police Station. The appellant came to know that his uncle"s grandson Maruthachalam and his sister"s son Chandran had facilitated elopement of Punitha with her teacher and, therefore, scolded both of them. The incident in question took place on April 27, 1994. On the date of incident at about 10.00 AM the appellant was repairing the leakage in the pipe fitted near the well situated in his field. Maruthachalam with his brother Senthil Kumar approached the appellant and asked him to give bitterguard. The appellant refused to give bitterguard saying that they had defamed his family by helping Punitha to elope with her teacher. Thereupon a verbal altercation took place. The appellant picked up aruval (sickle) lying on the ground and caused injuries on the neck of Maruthachalam. Thereupon Senthil Kumar raised shouts as result of which Thiru Ramasamy, the father of Maruthachalam, who was working in his field rushed at the place of incident. The appellant after causing injuries to Maruthachalam left his field and went to village Administrative Officer with the sickle. The village Administrative Officer recorded the statement of the appellant and took him to Periyanaickenpalayam Police Station with sickle. At the said police station, Thiru Jayabalan was discharging duties as sub-inspector. On the basis of the statement made by the appellant before the village Administrative Officer, the sub-inspector registered an offence punishable under Section 302 of the Code against the appellant and commenced investigation. The police officer went to the place of incident and seized incriminating articles under a panchnama. The dead body of the deceased was sent to the hospital for autopsy. The police officer also recorded the statements of those persons who were found to be conversant with the facts of the case. The incriminating articles seized were sent to forensic science laboratory for analysis. On completion of investigation the appellant was chargesheeted for commission of offence punishable under Section 302 IPC in the court of learned Judicial Magistrate Court No.VI Coimbatore. As the offence punishable under Section 302 IPC is exclusively triable by court of session, the case was committed to the court of learned Additional Sessions Judge, Coimbatore for trial.
(3.) The learned Sessions Judge framed charge against the appellant for commission of offence punishable under Section 302 IPC. It was read over and explained to him. He pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, examined 12 witnesses to prove its case against the appellant and also produced necessary documentary evidence.;