The main legal point established in the judgment is the requirement for the prosecution to establish the guilt of the accused beyond reasonable doubt, including the presence of a clear motive and credible evidence.

JUDGMENT

(Prayer: Criminal Appeal filed u/s.374(2) of the Code of Criminal Procedure against the conviction and sentence passed by the District and Sessions Judge No. II, Kanchipuram, in S.C.No.18 of 2014 dated 29.06.2017.)

1. The appellant has challenged the Judgment of conviction and sentence imposed on him dated 29.06.2017 passed by the learned District and Sessions Judge No.II, Kanchipuram in S.C.No.18 of 2014. The appellant was convicted and sentenced by the Trial Court as follows:-

Conviction

Sentence

Section 304 (ii) IPC

To undergo Ten years Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default, to undergo Rigorous Imprisonment for Six months.

Section 506 (ii) IPC

To undergo Three years Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default, to undergo Rigorous Imprisonment for Three months.

The sentences were ordered to run concurrently

2. The case of the prosecution is that on 07.08.2013, at about 8:45 p.m., on account of prior enmity, the appellant near the house of his brother, one Manoharan, slapped the deceased, pushed him on the cement road, and stamped him on the chest and the neck of the deceased and caused his death. It is also alleged that during the course of the same transaction, the appellant threatened P.W.1 - the wife of the deceased, that he would cause her death as well.

3. P.W.1 - the wife of the deceased, gave the complaint/Ex.P1, to the Police, which was registered in Crime No.516 of 2013. The FIR was registered on 08.08.2013, at about 1:30 a.m., for the offence under Section 302 IPC. The said FIR was marked as Ex.P.3. The Sub Inspector of Polce - P.W.5, registered the said FIR. P.W.9 - the Inspector of Police, took up the investigation. On 08.08.2013, at about 6:00 a.m, P.W.9 went to the scene of occurrence and prepared the Observation Mahazar - Ex.P6. He thereafter went to Kanchipuram Government Hospital, Kanchipuram, where the body of the deceased was kept, and conducted the Inquest. The report was marked as Ex.P8. Thereafter, P.W.7 - Doctor, conducted post-mortem and issued a post-mortem certificate – Ex.P4. The Doctor found the following injuries:

External Injuries

Laceration 2 x 1 x 1 cm on (L) little finger.

Internal Examination

(1). Hyoid bone intact.

(2). Thoracic # (L) 1 to 5 ribs.

(3). Heart 250 gm c/s congested.

(4). Lungs ® Lung 580 gm. 2 puncture wounds 1 x 1 cm each. (L) Lung 480 gm one puncture wound 6 x 2 cm present.

(5). Stomach contains 100 ml yellowish liquid with undigested food.

(6). Liver 1350 gm c/s congested.

(7). Both kidneys 100 gm each c/s congested.

(8). Spleen – 110 gm.

(9). Brain – 1250 gm c/s congested No#.

The Doctor had further opined that the cause of death was due to Hemorrhagic shock and injury to vital organs in thorax (Lungs). Thereafter, P.W.9 examined the witnesses and recorded their statements. The accused was arrested on 08.08.2013 at about 12:30 p.m. The express FIR reached the learned Magistrate at about 12.12 p.m., on 08.08.2013. P.W.10 continued the investigation and filed the final report for the offence under Sections 302 and 506 (ii) IPC against the accused.

4. The case was committed to the Court of learned District and Sessions Judge No. II, Kanchipuram. The Trial Judge framed charges under Sections 302 and 506 (ii) of IPC against the appellant. 5. To prove the case, the prosecution examined ten witnesses as P.W.1 to P.W.10 and marked ten documents as Exs.P1 to P10. When the appellant was questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against him, he denied the same. No witness was examined on the side of the appellant, nor any document was marked.

6. After considering the evidence on record and hearing either side, the Trial Court, by Judgment dated 29.06.2017, found the appellant/accused guilty of the offences under Section 304 (ii) IPC and 506 (ii) IPC and con