JUDGMENT :

R.VIJAYAKUMAR , J.

PRAYER: Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, against the judgment dated 25.09.2012 in S.C.No.125 of 2011, on the file of the Sessions Judge, Kanyakumari Division, Nagercoil.

This criminal appeal is filed against the Judgment and Order, dated 25.09.2012,in S.C.No.125 of 2011, passed by the learned Sessions Judge, Kanyakumari Division, Nagercoil.

2. The Trial Court framed two charges against the appellant, as detailed below:

3. The Trial Court, by Judgment and Order, dated 25.09.2012 convicted and sentenced the accused as under:

The sentences imposed on the accused were ordered to run concurrently. The period of sentence already undergone by accused has been set off under Section 428 of the Code of Criminal Procedure.

4. The prosecution story is as follows:

4.1. The deceased is one Ponnaiyan Nadar, who was 74 years old at the time of the occurrence and was living in Kalvettankuli Village. His wife died several years ago. Ponnaiyan Nadar had three daughters and one son (appellant herein) who were all given in marriage. The appellant was given in marriage to one Chandrika (P.W.4) of the same village, through whom the appellant has two daughters. The appellant was a chronic tippler and would not go for job. Since he led a wayward life, his father Ponnaiyan Nadar, settled his properties in favour of his two granddaughters (daughters of the appellant) vide settlement deed (Ex.P2), dated 31.07.2001. This was not to the liking of the appellant and therefore, the appellant was harassing his father and wife continuously for money. Unable to withstand the torture of the appellant, Ponnaiyan Nadar advised his daughter-in-law to go to her parental home with her children and live peacefully. Accordingly, Chandrika (P.W.4) and two children were living in Chandrika's parental home in the same village. Thus, Ponnaiyan Nadar and his son (appellant) were living under the same roof. While so, it is alleged that on 28.03.2011, the appellant quarrelled with his father around 10.30 p.m., and at that time, the appellant is said to have attacked him indiscriminately and caused his death. Thereafter, on the next day, the appellant was found burning the body of his father in the open backyard of their house. Since a stench emanated, Lysa (P.W.2) a neighbour, became suspicious and she informed Renuka Daniel (P.W.1) - Panchayat President.

4.2. Renuka Daniel (P.W.1) and Nelson @ Wilson (P.W.3), a Ward Member, came to the house of the appellant around 08.00 a.m. on 29.03.2011 and in the backyard, they found the appellant burning something. When they went near, they found that it was a dead body. When Renuka Daniel (P.W. 1) and Nelson @ Wilson (P.W.3) questioned the appellant, the appellant told them that he has indeed murdered his father and that he is burning the corpse. When they attempted to apprehend the appellant, he threatened them and escaped.

4.3. On a written complaint (Ex.P1) given by Renuka Daniel (P.W.1), Mohan Kumar (P.W.8) registered a case in Kaliyakkavilai Police Station Crime No.174 of 2011 under Sections 302 and 201 I.P.C. on 29.03.2011 at 9.00 a.m and prepared the printed FIR (Ex.P7) which reached the jurisdictional Magistrate on the same day at 03.50 p.m., as could be seen from the endorsement thereon. The appellant was shown as the accused in the FIR.

4.4. The investigation of the case was taken over by Suthesan (P.W.13) who went to the place of occurrence and prepared the