JUDGMENT :

P.N. Prakash, J.

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. to set aside the judgment dated 22.12.2017 passed in S.C.No.220 of 2015 by the III Additional District and Sessions Judge, Tiruppur at Dharapuram.

1. Challenging the judgment of conviction and sentence dated 22.12.2017 passed by the III Additional District and Sessions Judge, Tiruppur at Dharapuram, in S.C.No.220 of 2015, the accused has preferred this appeal.

2. For the sake of convenience, the appellant (Ramasamy) and the deceased (Kalidas) will be referred to by their respective names.

3. The prosecution story runs thus:

3.1. Kalidas, who was aged about 33 years at the time of his death, was residing with his father Madanagopal (P.W.1) in Ward No.13, No.22/14, Bajanai Koil Street, Dhali Post, Udumalpet Taluk.

3.2. Ramasamy was a close relative of Dhanalakshmi (P.W.6). When the marriage of Dhanalakshmi (P.W.6) with Kalidas was fixed, Ramasamy did not want the marriage to go and so, he went and complained to Dhanalakshmi’s (P.W.6’s) father that Kalidas was already a married man and has children. However, Dhanalakshmi’s (P.W.6’s) father made enquiries about this and found that it was not so and hence, the marriage of Dhanalakshmi (P.W.6) with Kalidas was solemnised on 29.08.2014. Thereafter, there was no love lost between Ramasamy and Kalidas.

3.3. On 01.10.2014, while Kalidas was going with Dhanalakshmi (P.W.6) to a temple, a quarrel ensued between Ramasamy and Kalidas, in which, both of them freely fought. In the said fight, Kalidas is said to have bitten the ear of Ramasamy and on a complaint of Ramasamy, Kalidas was arrested, jailed and later released.

3.4. It is alleged that on 21.08.2015, when Kalidas was in his house, his sister’s husband Jayaprakash (P.W.7) and his friend Periasamy (P.W.8) came to his house in the evening. At that time, Dhanalakshmi (P.W.6) asked them to have dinner and thereafter, return to their village. Since it was night time, they also agreed. In order to prepare dinner, Dhanalakshmi (P.W.6) asked Kalidas to buy some groceries. Kalidas went to Iyyanar Stores nearby, which was run by Shanthi (P.W.4). Along with Kalidas, Jayaprakash (P.W.7) and Periasamy (P.W.8) also went. When Kalidas was in the grocery shop, Ramasamy came there armed with a billhook (M.O.1) and indiscriminately attacked Kalidas on his head. This incident was witnessed by Shanthi (P.W.4), Jayaprakash (P.W.7) and Periasamy (P.W.8), apart from others. Kalidas sustained injuries and fled to his house and told Madanagopal (P.W.1) and Dhanalakshmi (P.W.6) that he had been attacked by Ramasamy and thereafter, he fainted.

3.5. Madanagopal (P.W.1) and Dhanalakshmi (P.W.6) rushed him by an ambulance to the Government Hospital, Udumalpet, where, Kalidas was examined by Dr.Vanaja (P.W.10), who in the accident register (Ex.P4), has recorded that Kalidas was brought to the hospital on 21.08.2015 at 08.00 p.m. by his wife Dhanalakshmi (P.W.6) and on enquiry, Dhanalakshmi (P.W.6) stated that her husband was attacked by a known person. Dr.Vanaja (P.W.10) noted the following injuries in the accident register (Ex.P4) :

(i) 12 x 3 x 2cm lacerated wound over the scalp;

(ii) 6 x 4 x 3cm lacerated wound on the left neck. The blood vessels were found cut; and

(iii) 10 x 3 x 2cm lacerated wound on the left shoulders with profused bleeding.

His pulse was not functional and so, he was declared dead, which intimation was sent to the police.

3.6. After attacking Kalidas, Ramsamy went straight to the Dhali Police Station with the weapon and surrendered. Abdul Khader (P.W.13), Sub-Inspector of Police, Dhali Police Station, questioned Ramasamy and at that time, he narrated the events. Abdul Khader (P.W.13) made entries in the General Diary and made Ramasamy sit in the police station, went to the place of occurrence and to the house of Kalidas and learnt that Kalidas had already been taken to the hospital for treatment.

3.7. Adbul Khader (P.W.13) returned to the police station and at that tim