The prosecution must establish its case beyond reasonable doubt, and lapses in the investigation may not necessarily affect the prosecution case.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Code of Criminal Procedure, 1973, to call for the records and to set aside the Judgment in S.C.No.37 of 2019 passed by the learned Sessions, Judge, Fast Track Mahila Court, Krishnagiri, dated 06.08.2021 and acquit the appellant/accused.)

JUDGMENT

Sunder Mohan, J.

1. This Criminal Appeal has been filed by the accused, challenging the conviction and sentence imposed upon him vide judgment dated 06.08.2021 in S.C.No.37 of 2019 on the file of the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri.

2 (i) It is the case of the prosecution that the deceased was the mother of the accused; that the husband of the deceased owned certain lands in Thellabenda village; that there was a litigation initiated by third parties claiming right over the said property after the death of the husband of the deceased; that the litigation ended successfully in favour of the deceased; that the deceased and the accused were not in cordial terms; that the accused came to know that the deceased intended to sell the land to one Tr.Vijayan [P.W.9] who was looking after the deceased; that enraged by that when the deceased along with the Revenue Officials and the said Tr.Vijayan [P.W.9] went to the land for measurement on 24.07.2018 at about 10.45 a.m., the accused attacked the deceased with the bill hook (koduval) on her right shoulder, right side neck and her back, as a result of which the deceased died at the scene of the occurrence.

(ii) It is further the case of prosecution that since the accused threatened all the persons who were in the scene of the occurrence, including the Revenue Officials and P.W.9, all of them ran away from the scene of occurrence.

(iii) It is further the case of prosecution that P.W.9 informed P.W.1 [daughter of the deceased and sister of the accused] about the occurrence, and P.W.1, who was residing in some other village, came to the village where the occurrence took place and lodged a complaint [Ex.P1]; P.W.20, the Sub Inspector of Police, registered the FIR [Ex.P9] for the offences under Sections 302 and 506 (ii) of the IPC against the accused.

(iv) P.W.21 took up the investigation and went to the scene of the occurrence at 5.30 p.m. In the meantime, the body of the deceased was taken in a private ambulance to the Government Head Quarters Hospital, Krishnagiri, where the deceased was declared dead. P.W.21, Inspector of Police, prepared Observation Mahazar [Ex.P3] and Rough Sketch [Ex.P10]. He seized the blood stained earth and the earth that was not blood-stained under Seizure Mahazar [Ex.P2] in the presence of P.W.11 and P.W.12. On 25.07.2018 at about 6.15 a.m., he went to the Hospital, conducted Inquest and prepared an Inquest Report [Ex.P11] in the presence of witnesses. Thereafter, he sent the body of the deceased for conducting post-mortem through P.W.15/Constable, to the Government Hospital. The post-mortem was conducted by P.W.13 who issued the post-mortem certificate [Ex.P.6].

(v) On the same day, at about 1.00 p.m., P.W.21 arrested the accused in the presence of the Village Administrative Officer [P.W.16] and his assistant/ Mr.Palani and on the basis of the admissible portion confession given by the accused, which was marked as Ex.P7, P.W.21 seized the blood-stained bill hook and blood-stained clothes of the accused from his house. Thereafter, he sent the blood stained articles for chemical analysis, and after the examination of all other witnesses, he filed the Final Report before the learned Judicial Magistrate No.I, Krishnagiri, on 20.09.2019 for the offences under Sections 302 and 506 (ii) of the IPC.

(vi) On the appearance of the appellant, the provisions of Section 207 Cr.P.C. were complied with, and the case was committed to the Court of Session in S.C.No.37 of 2019 and was m