The reliability and corroboration of witness testimonies and other evidence presented by the prosecution are crucial in establishing guilt in criminal cases.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., to set aside the conviction and sentence imposed on the appellant/accused by the learned I Additional District and Sessions Judge, Coimbatore in S.C.No.404 of 2006 dated 05.08.2008.)

1. The accused in S.C.No.404 of 2006 on the file of the 1st Additional Sessions Court, Coimbatore, is the appellant herein.

2. The appellant/accused was prosecuted by the Inspector of Police, B-6 Peelamedu Police Station, Coimbatore, for having caused murder of Kaliappan on 14.08.2005. Hence, he was charged for the offence punishable under Section 302 IPC.

3. Before the Trial Court, the prosecution examined 13 witnesses (P.W.1 to 13) and marked 19 documents (Ex.P.1 to 19) and also produced 12 Material Objects (M.O.1 to 12). On the side of the accused/defence neither the witnesses were examined nor the documents were marked.

4. The Trial Court after considering the oral and documentary evidence found that the charge was proved as against the appellant/accused and hence, convicted and sentenced as follows:-

5. The period of imprisonment already undergone by the appellant/accused was ordered to be set off against the sentence of imprisonment as per Section 428 Cr.P.C.,.

6. Aggrieved by the said conviction and sentence, this Criminal Appeal has been filed by the appellant/accused.

Case of the Prosecution is as follows:-

(i) The prosecution case is that the appellant - Naganathan, deceased-Kaliappan and Selvam (P.W.11) were working as Security at Bakiyam Engineering Corporation situated at Kaalappatti Road, Nethra Nagar, Coimbatore. They were also staying in a rented house, situated at Pazhaniappa layout. In the year 2005, during the tamil month Aadi, 18, the deceased Kaliappan brought one Pushpalatha @ Kamalam (P.W.6) to the rented house and introduced her to Selvam (P.W.11) and the appellant/accused. The said Pushpalatha (P.W.6) on that day stayed in the house and next day morning she left the place.

(ii) On 14.05.2008 at about 3 p.m., the deceased Kaliappan went to office to change the shift work of accused/Naganathan. At that time, the accused/Naganathan asked the deceased/Kaliappan about the alleged complaint made by him to Sulokshana (P.W.4). In this connection, there arose a wordy quarrel. At that time, Selvam (P.W.11), also available in the place of occurrence and after signing in the attendance register, he went ahead 50 feet. The accused/Naganathan and the deceased/Kaliappan started fighting with each other. Hearing the noise of quarrel, P.W.11 came back to the place of occurrence and on seeing him the accused as well as the deceased stopped the quarrel. Thereafter, the deceased/Kaliappan telephoned to the Stalwart Security office and complained that the appellant/accused assaulted him. Thereafter, Selvam (P.W.11) proceeded 50 feet ahead and heard the cry of the deceased. Immediately Selvam (P.W.11) turned back and seen what had happened. There, he found the deceased/Kaliappan fell down and the accused/Naganathan assaulted him with iron pipe on the deceased face. Due to which, blood came from his face and teeth were fallen down. Due to fear, P.W.11 came out to G.F. Bakery and telephoned for ambulance. They informed ambulance is not available at that time. Immediately he informed about the incident to Mathivanan (P.W.2), Manager of Stallwart Security Service, who in turn informed to arrange for an ambulance and in the meantime, he stated that he will come to the place of occurrence. During the relevant period, the appellant/accused (Naganathan) hurriedly left the place with iron pipe and started walking in the Kaalappatti Main Road. It was also witnessed by Manoharan (P.W.5). Meanwhile, Mathivanan (P.W.2) also came to the place of occurrence and further informed about the alleged occurrence to the Govinda Raj (P.W.1)