JUDGMENT :

S. Vaidyanathan, N. Anand Venkatesh, JJ.

1. The present Criminal Appeal has been filed by the appellant aggrieved by the judgment of the Additional District and Sessions Court (Fast Track Court), Paramakudi, made in S.C. No. 118 of 2011, dated 27.07.2017. The appellant was convicted for the offence under Section 302 I.P.C. and was sentenced to undergo life imprisonment and to pay a fine of a sum of Rs. 1,000/- (Rupees One Thousand only) and in default, to undergo one year rigorous imprisonment.

Facts of the case in brief:

2. There was a property dispute between the appellant and the deceased for more than three years and therefore, there was a previous enmity between the parties. On 26.07.2010 at about 06.30 p.m., the deceased was standing in the property and there was a wordy quarrel between them. At that time, the appellant is said to have attacked the deceased with M.O.1 on the forearm of his left hand resulting in the privation of the left forearm from the joint and dislocation of the bone. The same resulted in severe blood loss. The appellant ran away from the place of occurrence and the deceased was taken to the hospital by P.W.1 to P.W.4 in the auto belonging to P.W.5 and thereafter, he was shifted to an ambulance and brought to Government Hospital, Paramakudi, where he was declared to have been brought dead.

Complaint and the materials collected in the course of investigation:

3. The daughter of the deceased (P.W.1), after returning back from the hospital, went to Nayinar Kovil Police Station and gave a complaint to the Special Sub Inspector of Police (P.W.14) at about 23.30 hours. An F.I.R., came to be registered in Cr. No. 86 of 2010 for the offence under Section 302 I.P.C. The Express F.I.R., was handed over to the Head Constable (P.W.15) and he, in turn, submitted the same before the Judicial Magistrate, Paramakudi, on 27.07.2010 at about 04.00 a.m.

4. The investigation was taken up by the Inspector of Police (P.W.17) and he went to the scene of occurrence on 27.07.2010 at about 06.00 a.m. He prepared the Observation Mahazar (Ex. P.2) and Rough Sketch (Ex. P.11) in the presence of the witnesses (P.W.6 and P.W.8). He also collected the material objects from the scene of occurrence. The material objects were sent to the Court through P.W.13 under Form 95.

5. The Investigation Officer, thereafter, proceeded to the Government Hospital, Paramakudi and in the presence of Panchayatdars, he conducted inquest between 08.00 a.m., and 10.00 a.m. and prepared the Inquest Report (Ex. P.12). He handed over the body to the Head Constable (P.W.12) with a requisition to conduct the post-mortem and thereafter, hand over the body to the relatives.

6. The Investigation Officer recorded the statements of the witnesses under Section 161(2) Cr.P.C. and collected the post-mortem certificate (Ex. P.9), serological report (Ex. P.8) and other scientific reports (Exs. P.6 and P.7).

7. The investigation was, thereafter, handed over to P.W.18, who continued to record the statements of the other witnesses. On completion of the investigation, he laid the charge sheet before the Judicial Magistrate Court, Paramakudi, on 10.01.2011.

8. The case was committed to the file of the Additional District and Sessions Court (Fast Track Court), Paramakudi and the charges were framed against the appellant for an offence under Section 302 I.P.C. The prosecution examined P.W.1 to P.W.18 and marked Exs. P.1 to P.14 and M.O.1 to M.O.5.

9. The trial Court questioned the appellant under Section 313(i)(b) Cr.P.C., by putting all the incriminating materials collected during the course of trial and the appellant denied the same as false.

10. The trial Court after carefully considering the facts and circumstances of the case and also after analysing the oral and documentary evidence, found that the prosecution has proved the case beyond reasonable doubts and proceeded to convict and sentence the appellant in the manner indicated supra.

Submissions:

11. Ms. R. Pranavi, lear