JUDGMENT :

S. Vaidyanathan, J. & N. Anand Venkatesh, J.

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure, against the judgment and order passed in S.C.No.482 of 2009, dated 20.02.2014, by the learned Principal Sessions Judge, Tirunelveli.)

The appellant is the sole accused in S.C.No.482 of 2009 on the file of the learned Principal Sessions Judge, Tirunelveli and he stood charged and tried for the commission of the offence under Section 302 I.P.C. The trial Court, vide impugned judgment dated 20.02.2014, has found him guilty of the said charge and convicted and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- (Rupees Five Hundred only), in default, to undergo rigorous imprisonment for six months and he was also granted set off under Section 428 Cr.P.C. The appellant/sole accused aggrieved by the conviction and sentence awarded vide impugned judgment, had filed this appeal.

2. Facts leading to the present appeal, relevant for the disposal and briefly narrated, are as follows:

2.1. P.W.1 - Santhanamari, is the wife of the deceased, namely, Mahesh. P.W.2 - Kannan is the brother of the deceased. P.W.1 and her husband - deceased Mahesh, along with their children, were residing at Indira Colony, Vallam. Her husband was a coolie worker and she is also a coolie. They had one male child, aged 6 years and one female child, aged 3 years. The accused - Kumar, son of Murugaiah, residing at Kalaignar Nagar, Vallam, frequently demanded money from her husband, who would also give the same and when her husband refused to give money, the accused used to threaten him with dire consequences. On 26.06.2009 at about 08.30 p.m., the deceased - Mahesh, the accused - Kumar @ Selvakumar, P.W.2 - Kannan, PW.7 - Thon Pitchai, Thangamari and some other persons were chatting near the house of the accused at Kalaignar Colony, Vallam and on coming to know about the same, she went to the said place to bring her husband for dinner. At that time, the accused demanded a sum of Rs.50/- (Rupees Fifty only) from her husband, who told that he had no money and the accused scolded him and attacked him with M.O.1 - aruval on the left side of the neck of the deceased and thereafter, the deceased fell down and the accused fled away from the scene of occurrence. P.W.1 and P.W.2 took the deceased to Government Hospital, Tenkasi and her husband died on the way to the hospital. P.W.1 along with P.W.2 went to Shencottai Police Station and lodged Ex.P.1 - complaint, based on which, P.W.13 – Sub Inspector of Police attached to Shencottai Police Station, registered a case in Cr.No.200 of 2009 under Section 302 I.P.C., at about 00.30 hours on 27.06.2009 and the printed F.I.R., was marked as Ex.P.19. P.W.13 despatched the original of Ex.P.1 – complaint and Ex.P.19 – F.I.R., through P.W.12 – Head Constable to the jurisdictional Magistrate Court and forwarded the copies to his official superiors.

2.2. P.W.14, upon receipt of the copy of the F.I.R, proceeded to the scene of crime on the same day, i.e., on 27.06.2009 and in the presence of P.W.4 - Kuttiraj and P.W.9 - Mariappan, prepared Ex.P.3 – Observation Mahazar and Ex.P.20 – Rough Sketch and from the scene of crime, recovered blood stained earth and sample earth under a cover of mahazar marked as Ex.P.4. P.W.14 continued with the investigation and conducted the inquest on the body of the deceased at the Mortuary of Tenkasi Government Hospital in the presence of Panchayatdars at 07.00 a.m., and the inquest report was marked as Ex.P.21. Thereafter, P.W.16 examined P.W.1, P.W.2, Pitchaiah, Thangamari, P.W.4, PW.9, P.W.10 and recorded their statements. P.W.14 for the purpose of finding out the cause of death, has entrusted the dead body of the deceased to P.W.10 along with Ex.P.7 – requisition for conducting the post-mortem on the body of the deceased.

2.3. P.W.6 received the body of the deceased at 11.50 a.m., on 27.06.2009 and commenced the post-mortem at about 12.00 noon on 27.