The prosecution failed to prove murder due to significant evidence discrepancies and delays in reporting, highlighting reasonable doubt regarding the appellant's guilt.

JUDGMENT :

G.K.ILANTHIRAIYAN, J.

This appeal has been preferred as against the Judgment passed in S.C.No.114 of 2021, dated 24.09.2025 on the file of the learned Principal Sessions Judge, Theni, thereby convicting the appellant for the offences punishable under Section 302 of I.P.C.

2.The case of the prosecution is that the accused and deceased were friends and used to consume liquor together. While being so, on 23.02.2021 at about 10.30 p.m., when the deceased and accused were sitting in a bridge in Keela Manjinayakkanpatty main road, near to the bus stop at Mela Manjinayakkanpatty, Aundipatti Taluk, Theni District, and consuming liquor, the father of the accused came there and scolded the deceased, instructing him not to offer liquor to his son and not to mingle with him. Immediately, the deceased shouted at the father of the accused, stating that his son had only offered liquor to him. Thereafter, the father of the accused took his son to their house.

3.After some time, the accused returned to the spot and questioned the deceased as to why he had reported to his father that the accused had offered liquor to him and also scolded and abused the deceased with filthy language in the public road for the same. Therefore, there was a wordy quarrel between them. During the quarrel, the accused kicked the deceased with his leg, as a result of which the deceased fell down from the bridge and became unconscious.

4.On the next day, the general public noticed the deceased lying there with injuries on his forehand and back. He was immediately taken to the Medical College Hospital, Madurai, for first aid. After 6 days, ie., on 01.03.2021, he succumbed to the injuries sustained by him. After completion of investigation, the respondent filed a final report and the same has been taken cognizance by the Trial Court.

5.In order to bring the charges to home, the prosecution examined P.W.1 to P.W.22 and marked Exs.P1 to P19. On the side of the accused, no witnesses were examined and no documents were produced before the trial Court.

6.On perusal of oral and documentary evidence, the trial Court found the appellant guilty for the offence punishable under Section 302 of I.P.C and sentenced him to undergo life imprisonment and imposed a fine of Rs.5,000/-, in default, to undergo three months Simple Imprisonment. Aggrieved by the same, the appellant has preferred the present appeal.

7.The learned counsel appearing for the appellant submitted that though the occurrence took place on 23.02.2021, the complaint was lodged only on 01.03.2021 and the case was registered for the offences punishable under Sections 294(b) and 323 of I.P.C. Though the deceased was admitted into the hospital on the very next day of the alleged occurrence, it was reported to the doctor that he had fallen down by his own mistake. Therefore, no intimation was sent to the jurisdictional police regarding the occurrence.

8.Only after the demise of the deceased, the respondent cooked up a statement as if it had been given by the deceased and registered the F.I.R. Even according to the deceased, no one had kicked him and he had fallen down from the bridge on his own. Further, there was no eye witness to the occurrence. However, the prosecution cooked up the witnesses and examined P.W.10 as an eyewitness.

9.P.W.10 deposed that on 23.02.2021 at about 11.00 p.m., the deceased and accused quarrelled with each other and that the accused kicked the deceased, due to which he fell down. Though P.W.10 attempt