The main legal point established in the judgment is the reliance on witness testimonies and medical evidence to establish guilt in a murder case, and the requirement of evidence for kidnapping or abduction to support a conviction under Section 364 IPC.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. against the judgment dated 15.02.2019 passed in S.C.No.63 of 2017 on the file of the learned Sessions Judge, Tiruchirappalli Division, Tiruchirappalli District.)

R. Subramanian, J. & N. Sathish Kumar, J.

1. This appeal has been filed by the appellant / sole accused as against the conviction and sentence, dated 15.02.2019, passed in S.C.No.63 of 2017, by the learned Sessions Judge, Tiruchirappalli Division, Tiruchirappalli District.

2. The appellant / sole accused stood convicted and sentenced to undergo imprisonment, as detailed hereunder:

(Both the sentences were directed to run concurrently.)

3. The brief facts of the prosecution are as follows:

(i) P.W.1 is the wife of P.W.3. The deceased child Shirish is the son of P.Ws.1 and 3. P.W.1 was running a cell-phone recharge shop. The accused became acquainted with P.W.1. Due to such acquaintance, the accused was given a job in P.W.1's shop. The accused also used to do some household work for P.W.1. During pregnancy, P.W.1 was about to close her shop. At that time, the accused requested P.W.1 to allow her to look after the shop and run the business. Accordingly, the accused was put in-charge of the shop for some period. After the child's birth, when P.W.1 returned back to the shop, she came to know that the accused has misappropriated funds from the shop. Thereafter, P.Ws.1 and 3 decided to dispense with the services of the accused. Even after the accused was stopped from working in P.W.1's shop, she used to come to the shop and used to take the child of P.W.1. On 30.07.2016, at about 12.30 p.m., the accused came to the shop of P.W.1 as usual and took the child. Thereafter, P.W.1 also left to the market. P.W.6 is the mother-inlaw of P.W.1 and mother of P.W.3. She was also present in the shop of P.W.1, when the accused took the child with her.

(ii) P.W.2, one Stephen Raj, who is the neighbouring shop owner, at about 2.15 p.m., on 30.07.2016, saw the accused taking the child to a secluded lane. Suspecting the accused, P.W.2 followed and saw that the accused took the child to the terrace of an old and dilapidated house. P.W.2 followed her and saw that the accused tried to strangulate the child besides she was also causing injuries to the child with knife. When P.W. 2 raised alarm and shouted at her, the accused ran away from that place along with the child. Immediately, P.W.2 called P.W.3 and also rushed to the house of P.W.3. At that time, the accused came there and handed over the child to P.W.6 and ran away from that place.

(iii) P.W.4, one Ramesh also saw the accused taking the child to the terrace of the house belonging to one Amala Doss. Thereafter, he came to know that the child was dead. P.W.5, One Abdullah Sha also saw the accused taking the child of P.W.1 on 30.07.2016.

(iv) P.W.6 while she was in the house, the accused came with the child at 2.30 p.m., and dropped the child on her shoulder and left the place. P.W.6 found injuries on the child and the child was in serious condition. At that time, P.Ws.1 and 3 came there and immediately, they took the child to the hospital. However, the Medical Officer-P.W.15, found that the child was already dead and issued Accident Register- Ex.P.5.

(v) P.W.18, the then Sub-Inspector of Police of Palakkarai Police Station, received the complaint – Ex.P.1 from P.W.1 and registered an F.I.R-Ex.P14 in Crime No.402 of 2016 for the offence under Section 302 of I.P.C., and forwarded the F.I.R to the Court and a copy to the Superior Officer.

(vi) P.W.19, the then Inspector of Police of Palakkarai Police Station, took up the investigation and went to the p