JUDGMENT :

G. Jayachandran, J.

Prayer: Appeal filed under Section 374 of Cr.P.C., to call for entire records relating to the judgment in S.C.No.169 of 2011, dated 19.12.2012, on the file of the learned II Additional Sessions Judge, Fast Track Court No.I, Thoothukudi, and set aside the conviction and sentence imposed against the appellant.

This Criminal Appeal is directed against the judgment of conviction and sentence passed by the learned II Additional Sessions Judge, Fast Track Court No.I, Thoothukudi, in S.C.No.169 of 2011, vide judgment dated 19.12.2011, holding the appellant guilty of offences punishable under Sections 302 and 506(ii) of I.P.C.

2. The trial Court had sentenced the appellant/accused to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one year rigorous imprisonment for the offence under Section 302 of I.P.C. and to undergo five years rigorous imprisonment and to pay a fine of Rs.500/-, in default, to undergo one year rigorous imprisonment for the offence under Section 506(ii) of I.P.C.

3. The charges framed by the trial Court read as follow:-

Charge No.1:-

On 06.09.2010 at about 05.00 p.m. near K.Shanmugapuram old Library, the accused Muthuvel, S/o.Mookaiya, with an intention to cause death of Thangavel, S/o.Muthu, attacked him with bill hook on the rear side of his neck, front side of his neck and chest and caused death, thereby, committed an offence punishable under Section 302 of I.P.C.

Charge No.2:-

In the course of causing death of Thangavel, when his son Palaniraj tried to save his father, the accused Muthuvel wielded the bill hook and threatened him to kill, if he come near, thereby, committed an offence under Section 506(ii) of I.P.C.

4. To prove the charges, the prosecution has examined 19 witnesses, marked 22 exhibits and 4 material objects.

5. The case of the prosecution as unraveled through the witnesses goes as below:-

The accused and the deceased had previous enmity regarding the land owned by one Mookammal. It was under cultivation of the deceased. The accused acted as a broker and arranged the sale of Mookammal's property to one Kamatchi @ Gandhi. The said Kamatchi @ Gandhi was trying to evict the deceased from the said land. Whereas, the deceased refused to vacate, claim right over the property through an alleged oral sale. While so, on 06.09.2010 at about 05.00 p.m. while the deceased along with Paramasivam [P.W.2] Velsamy [P.W.3] and Karuppasamy @ Karunkannan [P.W.4] was chatting near the Library, the accused came behind the deceased and attacked him with bill hook on his neck. Apart from P.W.2 to P.W.4, who were chatting with the deceased at the time of occurrence, the son of the deceased viz., Palaniraj [P.W.1] standing in the bus stop opposite to the Library also saw the occurrence. At 05.30 p.m. on that day, P.W.1 along with Chinnaraj [P.W.5] went to the Police Station and gave the complaint [Ex.P.1] narrating the incident and the same was reduced into writing by P.W.5. F.I.R. registered in Crime No.161 of 2010 by Nammalwar, Head Constable [P.W.18]. The express F.I.R. [Ex.P.16] was immediately forwarded through P.W.15 - Kingsly Felix, Head Constable, to the learned Judicial Magistrate, Vilathikulam, who received the same at 20.30 hours on the same day. Investigation was taken up by Manickavel, Inspector of Police [P.W.19]. The Observation Mahazar, Rough Sketch and Inquest Report prepared after visiting the scene of occurrence were marked as Ex.P.2, Ex.P.17 and Ex.P.18 respectively.

5.1. From the scene of crime, the blood stained mud [M.O.2] was recovered and sent for chemical analysis. After four days, i.e., on 10.09.2010, at about 13.00 hours, the accused was arrested and his confession statement was recorded, wherein, apart from disclosing motive for causing the death of Thangavel, the accused had disclosed the fact about the place, where he had thrown the bill hook. The admissible portion of the confession statement given by the accused was marked as Ex.P.20. I