JUDGMENT :

V. BHARATHIDASAN, J.

1. The appellant is the sole accused. He stood charged for the offences under Sections 341 and 302 IPC. The trial Court acquitted him, for the offence under Section 341 IPC and convicted him, under Section 302 IPC and sentenced to undergo life imprisonment, and also to pay fine of Rs. 2,000/- in default, to undergo three months rigours imprisonment. Challenging the abovesaid conviction and sentence, the appellant is before this Court, with this appeal.

2. The deceased by name, Kalidoss, is the friend of the appellant/accused. Earlier, the deceased was working at Malaysia and returned back to his native in the year 2013. Thereafter, he was running a mechanical shop at Pudukkottai. The appellant is his close friend and they used to consume liquor together. On 02.11.2013, a Diwali day, at about 08.30 p.m. while the deceased was at his house, the appellant/accused, came to his house and demanded money from the deceased, for purchasing liquor, deceased denied, and there was a quarrel between them, at that time, the appellant attacked the deceased with a wooden log available there. While the deceased fell down, he put a stone on his head and caused his death, then ran away from the scene of occurrence. Immediately, the deceased was taken to hospital, where he was declared brought dead.

3. PW-1, mother of the deceased, went to the police station and gave a complaint (Ex.P1). PW-11 Sub-Inspector of Police, in the respondent police station, based on the complaint, registered the FIR in Crime No. 380/2013 (Ex.P6) and sent the same to the Judicial Magistrate Court and sent copies of the same, to the investigating officer and higher officials.

4. On receipt of the FIR, one Ramamoorthy Inspector of Police in the respondent police station (since dead), commenced the investigation and rushed the scene of occurrence, where he prepared the observation mahazar (Ex.P2), rough sketch (Ex.P7), in the presence of the witnesses and arrested the accused. On such arrest, the accused voluntarily gave a confession, based on the admissible portion of the confession, PW-2 recovered a wooden log (MO1) and stone (MO2) under Ex.P3-Mahazar, then, he recorded the statement of witnesses. Next day morning, at about 08.00 a.m. the Inspector of Police conducted inquest on the dead body in the Government Hospital, Pudukottai, in the presence of the panchayatars and witnesses and prepared inquest report in Ex.P8 and sent the body for postmortem autopsy through a Constable. PW-9, Doctor, working in Pudukkottai Government Hospital, conducted postmortem autopsy of the body of the deceased and gave postmortem report, Ex.P5. According to him, death was due to injury in the major organs namely, brain and liver-haemorrhage, The Inspector of Police continued the investigation and recorded the statements of witnesses. Pending investigation, the investigating officer met with an accident, and hence, the investigation was handed over to PW-12, who after recording the statement of remaining witnesses, filed the final report before the concerned Judicial Magistrate Court.

5. Considering the above materials, the trial Court framed the charges as mentioned above and the accused denied the same as false. In order to prove its case, the prosecution has examined as many as 12 witnesses and marked 9 documents, apart from 2 material objects.

6. Out of the witnesses examined, PW-1, mother of the deceased, is an eye-witness to the occurrence. According to her, on 02.11.2013, at about 08.30 p.m. the accused came to the house of the deceased and demanded money from him, when he refused, he attacked him with a wooden log available there on his head, when he fell down, the accused put a stone on his head and caused his death. PW-2 is the brother of PW-1, according to him, at the time of occurrence, there was a quarrel between the deceased and the accused, then he found the deceased in pool of blood. PW-3, sister of PW-1, is also an eye-witness to the occurrence. Acco