The burden of proof lies on the accused to explain facts within his knowledge, and the prosecution must establish guilt beyond a reasonable doubt.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. against the judgment of conviction and sentence passed by the learned IV Additional District and Sessions Judge, Madurai, made in S.C.No.339 of 2010 dated 30.09.2013.)

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

1. This Criminal Appeal has been filed by the appellant / sole accused as against the conviction and sentence, dated 30.09.2013, made in S.C.No.339 of 2010, by the learned IV Additional District and Sessions Judge, Madurai.

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

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

(i) The deceased is the maternal aunt of the accused, mother of P.W.1 and 2 and mother-in-law of P.W.3. The accused was working as a Constable in Armed Reserve Police, Madurai City. On 08.09.2009, he was allotted duty in the Corporation Office along with P.W.4 and P.W.5 and at the time of para duty, he was entrusted with M.O.1- 303 rifle along with 10 cartridges (bullets). There was a dispute between the family of P.W.1 and accused over some property. On 08.09.2009, when the deceased came to the Corporation Office to get her pension, the accused fired a shot at the deceased with M.O.1- riffle. P.W.4, who was in the para room, immediately on hearing the gun shot, came outside and at the time, the accused rushed to the room in panic and immediately, P.W.4 has verified the cartridges given to the accused. At that time, only 9 rounds (bullet) were available and one round was missing. The accused also confessed that he had shot his aunt.

(ii) P.W.1, on hearing the death of the deceased, rushed to the Corporation and also went to the para room and the accused confessed that he has fired a shot at his mother and P.W.1 lodged a complaint - Ex.P.1. P.W.2 who is the son of the deceased, also rushed to the spot and saw the dead body. P.W.3 daughter-in-law also rushed to the spot and saw the dead body.

(iii) P.W.5 was also allotted the para duty at the relevant point of time. P.W.6 is a driver in the Corporation. On the date of occurrence, the deceased came to get pension at about 10.30 a.m. and at that time, he heard the gun shot and saw the dead body of the deceased.

(iv) P.Ws.7, 8 and 9 also heard the gun shot and saw the dead body of the deceased.

(v) P.W.11 - Sub-Inspector of Police in Armed Forces, Madurai stated that on the date of occurrence, the accused was given 10 cartridges and allotted work at Corporation Office. M.O.1 - rifle, M.O.2 - Cartridges and M.O.4 - Bayonet were entrusted to the accused at the relevant point of time.

(vi) P.W.17 registered a case in Crime No.2068 of 2009 under Section 302 IPC and forwarded the complaint and First Information Report to the Judicial Magistrate Court, Periyakulam, through P.W.18 - Karuppiah and he has handed over the same to the learned Judicial Magistrate No.II, Madurai. (vii) P.W.19, Inspector of Police/ Investigation Officer, took up the case for investigation, went to the place of occurrence and prepared the Observation Mahazar-Ex.P.5 and Rough Sketch-Ex.P.11. Thereafter, he conducted inquest over the dead body of the deceased in the presence of Panchayathdars and prepared an inquest report – Ex.P.12 and thereafter, arrested the accused in the presence of witnesses, viz., P.W.10-Jeyaseelan and Ganesan and seized the 303 Model Rifle, 9 cartridges one empty shell and para duty book under Ex.P.2 - Athatchi. He also collected bloodstained earth and ordinary earth in the presence of witnesses and also sent the weapon to Ballistic expert. After completion of the inquest, he sent the dead body to Government Hospital for post-mortem with a requisition for conducting autopsy over the dead body, through the Police Con