JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. to set aside the judgment of the Sessions Judge, Mahila Court (FAC), Mahalir Needhimandram, Chennai made in S.C.No.244 of 2014 dated 27.10.2017. )

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

-Law is in search of proof, not Truth- - Justice M.Srinivasan

The Appeal has been filed seeking to set aside the order dated 27.10.2017 passed by the Sessions Judge, Mahila Court (FAC), Mahalir Needhimandram, Chennai made in S.C.No.244 of 2014.

2. The appellant stands convicted and sentenced as under:-

3. Brief facts of the prosecution case:-

i) One M.Sekar, working as Dabethar in Madras Race Club has lodged a complaint, Ex.P1 dated 14.8.2013 to the Inspector of Police, J3 Gunidy Police Station alleging that he is serving as Dabethar for one Aruna, the Additional Secretary in Madras Race Club (the deceased) and on that day in the morning at 10.00 am, he had attended his duty. He alleged that with regard to some disputes raised by some labourers with regard to their pay, a proceedings is pending in the Labour Court and whileso, the deceased Aruna had attended a meeting in the office at about 5.00 pm and PW1 had gone to the office and thereafter, at about 7.20 pm, when he went through the Umbrella Gate to the office, the deceased was coming in the opposite talking over her mobile phone and she had asked PW1 to bring another phone available in the office room as the phone she was using by then was not working properly and accordingly, he took a few steps to go to the office by passing the deceased and by that time, he heard an alarming sound from the deceased and when he had turned, he saw the appellantaccused by holding her face with his left hand cutting the neck of the deceased with the knife and he had on seeing the same, tried to prevent the attack by pulling the hands of the appellant and since, he could not succeed in his attempt, he had raised hue and cry seeking help and thereupon, his colleagues viz., Driver Dinesh (PW8), Kalaiselvi (PW2) and some security staff had rushed to the spot and tried to prevent the attack, but, the appellant/accused had threatened all of them that he would attack them also and hence, they kept away and by that time, the appellant/accused had cut the neck of the deceased and stabbed on the face, stomach and other parts of the deceased and thereupon, they were stunned and some of the staff, who gathered there, had run away from the scene and the appellantaccused had also run away from the scene and after some time, the victim Aruna died. Contending so, PW1 had sought for initiating action against the appellantaccused.

ii) Based on the complaint, Ex.P1, the Inspector of Police, J3 Guindy Police Station, PW28, who was on duty on 14.8.2013 at 8.00 pm, had registered the same as FIR, Ex.P32 in Crime No.927 of 2013 for the offences punishable under Sections 341, 302 and 506(ii) IPC, sent the FIR to the court concerned and took investigation of the case. On the same day, at 8.30 pm, he visited the scene of occurrence viz., near the Umbrella Gate and prepared the observation mahazar, Ex.P14 and Ex.P33 in the presence of witnesses Velankanni (PW13) and Durgaprasad. On the same day at 9.00 pm, in the presence of the same witnesses, he had recovered blood stained cement surface, M.O.2, ordinary cement surface, M.O.3, Nokia Black colour Cellphone with Airtel Sim, M.O.4, Broken Brown colour Spectacles, M.O.5, Ladies Footwear (right side), M.O.6 under seizure mahazar, Ex.P15. He had enquired the witnesses Velankanni and Durgaprasad and recorded their statements. On the same day, from 9.15 to 10.45, he had conducted inquest on the dead body in the presence of panchaytdars Palani