JUDGMENT :

B. Pugalendhi, J.

(Prayer: Appeal filed under Section 374(2) of the Code of Criminal Procedure, to call for the entire records connected to the judgment in S.C.No.122 of 2013 on the file of the learned Additional District and Sessions Judge, Pudukkottai, dated 20.12.2017 and set aside the conviction and sentence imposed against the appellant.)

1. This Criminal Appeal is preferred by the appellant/accused as against the conviction and sentence imposed by the learned Additional District and Sessions Judge, Pudukkottai, in S.C.No.122 of 2013, dated 20.12.2017. The appellant was charged for the offence under Sections 341, 302 & 307 IPC. The trial Court, in conclusion of the trial, though acquitted him for the offence under Sections 341 & 307 IPC, has found him guilty for the offence under Section 302 IPC, convicted and sentenced him to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default to undergo rigorous imprisonment for three months. Aggrieved over the conviction and sentence imposed, the appellant has preferred the instant appeal.

2. The brief facts of the case, in a nutshell, are as follows:

2.1. The defacto complainant in this case, namely, Suresh [PW1], is the brother of the deceased, namely, Sathishkumar and also an injured witness. PW1, the deceased and their mother, namely, Chandra [PW10] are all residents of Paravayal village. The accused in this case, namely, Sankar is also a resident of the same village. His sister, namely, Vijaya, got married to one Rasu [DW1], who is a neighbour of the deceased's family. Rasu [DW1] and Vijaya had two children, namely, Pandiyarajan and Pandeeswari [PW2]. The deceased and PW2, being neighbours and also relatives, used to love each other and got married before Sub-Registrar, Bangalore, during February, 2012. After marriage, both of them used to live in their respective houses, separately. When the accused, being the maternal uncle of PW2, started looking for alliance for PW2, the deceased and PW2 left their respective parental house to Kerala.

2.2. Thereafter, the brother of PW2, namely, Pandiyarajan lodged a complaint before the respondent Police. On coming to know about the same, the deceased and PW2 appeared before the respondent Police and informed about their marriage and produced the marriage certificate. Since both of them are major and also got married, the respondent Police closed the complaint after getting acknowledgment. PW2's family have ended their relationship with her and have also collected the belongings of PW2 and left the station. But the accused has developed grudge as against the deceased that he has spoiled the life of his niece. The deceased and PW2 have also left the station and started to live along with PW1 & PW10 in their house at Paravayal village.

2.3. On 14.05.2012, the deceased lodged a complaint before Udaiyalipatti Police Station as against PW2's family seeking police protection. Thiru Mohan, then Sub-Inspector of Police [PW17], received the complaint and issued a receipt. He has also called the families of both the deceased and PW2 and advised them and also got an undertaking that they would not cause damage to each other. While so, on the same day, at about 12 noon, when the deceased was playing Dhayam outside their house along with witnesses Madhubala [PW3], Pandipraba @ Suganya [PW4], Madhudhiya @ Madhisiya [PW5] and Gangadevi, the accused came there with a knife [MO1] and dragged the deceased to the entrance of the house. At that time, PW1 was having his lunch inside the house and PW2 was serving him food. Hearing the hue and cry, both of them came out of the house and the accused saying that 'how can you elope with my niece, I won't allow you to live', stabbed the deceased in his left stomach, due to which, the intestine came out. He also stabbed the deceased in his chest. When PW1 attempted to save his brother, the accused saying that 'you too die', stabbed him in his left stomach and teared till the left thigh. PW1 managed