JUDGMENT :

G. Jayachandran, J.

Prayer: Appeal filed under Section 374 (2) of Cr.P.C., to call for the records relating to judgment in S.C.No.70 of 2016, dated 06.01.2018, on the file of the learned Principal Sessions Judge, Tiruchirappalli and set aside the same and acquit the appellant/accused from the charge levelled against him.

This Criminal Appeal is filed assailing the conviction of life sentence imposed on the appellant for the offence punishable under Section 302 of I.P.C. in S.C.No.70 of 2016, on the file of the learned Principal Sessions Judge, Tiruchirappalli.

2. The gist of the prosecution case is that on 23.03.2015 at about 20.00 hours, Saroja [P.W.1], wife of Kuppusamy, came to the respondent Police Station and informed that her elder son namely, Durairaj, a B.E. graduate, who is married and unemployed, living along with them, since his wife estranged and living with her parents at Salem due to family dispute. P.W.1's husband used to reprimand him for idly sitting at home and advised him to go for work, whereas her son used to pressurize her husband to arrange for job. On the date of incident, at about 04.45 pm., her husband and her elder son were quarrelling regarding seeking employment and thereafter, her husband went to the room to take rest. After sometime, his son Durairaj went to the room and took the grinding stone and beat her husband on his head and fled from the home. She and her daughter were shocked and the residents nearby came to her house and found her husband dead. The said statement was reduced into writing [Ex.P.1] and based on the statement, First Information Report in Crime No.79 of 2015 was registered against the accused Durairaj by T.Jayachithra, Sub-Inspector of Police, Uppiliyapuram Police Station [P.W.16].

2.1. The investigation was taken up by M.Chezhian, Inspector of Police, Thuraiyur Circle [P.W.17]. Express F.I.R. [Ex.P.16] was forwarded to the learned Judicial Magistrate, Thuraiyur, at about 23.30 hours and the same was received by the learned Judicial Magistrate in the early morning of 24.03.2015 at 01.35 am. The Investigating Officer visited the residence of the complainant and prepared rough sketch [Ex.P.17] and Observation Mahazar [Ex.P.2] in the presence of witnesses K.S.Sivakumar [P.W.6] and S.Sasikumar [P.W.7]. The grinding stone [M.O.1], blood stained wooden log [M.O.2], blood stained cement plaster [M.O.3] and ordinary cement plaster [M.O.4] were recovered from the scene of crime under seizure Mahazar [Ex.P.3].

2.2. On 25.03.205 at about 07.30 am. the accused was arrested at Thuraiyur bus stand in the presence of witnesses T.Natesan [P.W.8] and A.Mohammed Eliyas [P.W.9]. The postmortem was conducted by Dr.Abirami [P.W.11] and the postmortem report is marked as Ex.P.6 and her opinion for the cause of death is marked as Ex.P.7. The grinding stone [M.O.1], blood stained wooden plank [M.O.2], blood stained cement plaster [M.O.3] were sent to Forensic Laboratory for biological test, where the presence of human blood was confirmed. However, in the serology test, the result of grouping found inconclusive. The said report is marked as Ex.P.14.

3. The prosecution to prove the guilt, examined 17 witnesses. Marked 18 exhibits and 8 material objects. On the side of the accused, the insanity as a defence was pleaded and two Doctors were examined and 8 exhibits marked through them.

4. The trial Court, on appreciation of evidence, held that P.W.1, the wife of the deceased and P.W.2, the daughter of the deceased are the witnesses to the occurrence. There were in the house along with the deceased and the accused at the time of occurrence. P.W.3, P.W.4 and P.W.5 are the witnesses, who have seen the accused running from the house, which is a relevant fact to prove the subsequent conduct of the accused under Section 8 of the Indian Evidence Act, 1872. Hence, held that the prosecution has proved the case against the accused through the witnesses to the occurrence and witnesses to the subsequent conduct.