JUDGMENT :

R.Pongiappan, J.

This appeal is directed against the conviction and sentence dated 07.04.2018, passed in S.C.No.166 of 2017, on the file of the learned Principal Sessions Judge, Chennai.

2. Before the trial Court, the accused stood charged for the offence under Sections 302, 324, 427, 336 and 506 (ii) IPC. After full-fledged trial, the learned Principal Sessions Judge, Chennai, found the accused guilty for the offences under Sections 302 and 324 IPC and accordingly, he has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- under Section 302 IPC. He has been further convicted under Section 324 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-. In respect of default clause for nonpayment of fine amount, no order has been passed by the trial Court.

3. Now, challenging the said conviction and sentence, the accused is before this Court, with the present Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal.

(i) PW1-Manikandan is the resident of Korukkupet, Chennai. He is a driver by profession. The deceased Janarthanan is his elder brother. PW2- Prema is the mother of the deceased and P.W.1 - Manikandan. PW3- Rathinasamy is the brother of PW2. PW4-Susheela and PW5-Selvi are also related to the deceased. The accused is the brother of P.W.2 and is the maternal uncle of the deceased and P.W.1

(ii) On 26.02.2017 around 03.30 p.m., in order to enquire about the loan availed by the accused from his aunt , PW1-Manikandan went to the house of PW3-Rathinasamy along with PW2-Prema, deceased- Janarthanan, PW4-Susheela and the accused. While such time, PW3-Rathinasamy, PW5-Selvi and PW9-Vinoth Kumar and those who were already there also told themselves that the accused did not repay the chit amount and the amount paid as advance. At that time, since everyone ignored him, the accused scolded his aunt and the same was questioned by the deceased. In the meanwhile, the accused went to kitchen room and brought the knife and by using the same, stabbed the deceased on his chest and in the ribs and as a result of which, the deceased fell down. After seeing the same, when PW1 attempted to catch-hold the accused, by using the same knife, he attacked PW1 on his left forearm, further, by using the broken glass bottle, he criminally intimidated the public. Finally, after the incident, the deceased was taken to the Hospital, wherein PW14-Dr.Veeralakshmi examined the deceased and found the following injuries.

“Patient – Drowsy

L/E Multiple Small stab wound 0.8 x 0.5cm and in chest 0.5 x 0.5cm”

For the said injuries, she had given treatment and admitted the deceased as in-patient. In this regard, she issued an Accident Register copy under Ex.P8. Similarly, the same Doctor viz., PW14 examined PW1-Manikandan and found the following injuries

“Patient Conscious

L/E Stab wound in 1 x 0.2cm and Lt arm 0.5 x 0.5cm”

According to her, the injury sustained by PW1 is simple in nature. In this regard also, she issued an Accident Register Copy under Ex.P9. In the meanwhile, after taking treatment in Stanley Medical College Hospital, PW1 reported the occurrence to the Police Station and lodged the complaint under Ex.P1.

(iii) PW19-Veerakumar, the then Inspector of Police, G1 Vepery Police Station, on 26.02.2017, received the complaint from PW1 and registered a case in Cr.No.304 of 2017 under Sections 341, 294(b), 324, 307, 336, 427 and 506(ii) IPC. A copy of the printed FIR was marked as Ex.P18. After the registration of the case, he himself took up the same for investigation.

(iv) On the same day, at about 19.45 hours, PW19 visited the scene of occurrence and in the presence of PW12-Chandrabose and PW13- Athiappan, he prepared the observation mahazar under Ex.P19. He drew the rough sketch and the same was exhibited as Ex.P20. In the occurrence place, he recovered a pair of blood stain