The court reaffirmed the credibility of eyewitness accounts in criminal proceedings, emphasizing their significance even amid investigative lapses.

JUDGMENT :

P.DHANABAL, J.

Challenging the conviction and sentence rendered by the learned Principal Sessions Judge, Tirunelveli in SC No.270 of 2021 dated 11.08.2022 the present criminal appeal has been filed by the appellant.

2.. The trial Court has convicted the appellant as follows:

3. The case of the prosecution is that the appellant suspected the deceased that he had illegal intimacy with his wife thereby the appellant scolded the wife of the deceased Therefore the wife of the deceased informed to panchayatars and thereby there is enmity between the deceased and the appellant. While so, on 08.09.2019, at about 7.45 pm., when the deceased Murugan along with PW.1 was proceeding in a two wheeler bearing Reg.No.TN 72 M7331 to attend mandala pooja in Kombumadasamy kovil situated at Madavakurichi and when he came in front of the house one Santhana thevar the appellant along with his wife Durgadevi came in a two wheeler bearing Reg.No.TN 59 AM 8314 from south to north waylaid P.W.1 and the appellant abused by sayingand attacked the deceased with aruval on his neck and head and when the deceased prevented the assault he sustained injuries on his finger and thereafter the deceased died due to the injuries caused by the appellant.

3.1. Thereafter P.W.1 and his son and brother of the deceased who followed the deceased vehicle had taken the deceased to the hospital through auto and already P.W.8 had informed 108 ambulance and thereafter when they proceeded in the auto on the way to hospital the 108 ambulance came in the opposite direction thereafter the deceased was transferred from auto to 108 ambulance. Thereafter the deceased was taken to highground hospital at Tirunelveli where he reported dead.

3.2 Thereafter P.W.1/wife of the deceased had lodged the complaint/Ex.P.1 before the respondent Police and based on the same, First Information Report/Ex.P.17 in Crime No. 333 of 2019 was registered by P.W.21/Sub Inspector of Police . Thereafter PW.22 Inspector of Police had taken investigation and he went to the place of occurrence and prepared observation mahazhar/ Ex.P2 and rough sketch/Ex.P.18 and examined the witnesses and thereafter P.W.22 conducted inquest and prepared inquest report /Ex.P.19 and then he sent the body of the deceased for post mortem. P.W..17 had conducted autopsy in the body of the deceased and also issued post mortem certificate/Ex.P.12. The investigation officer arrested the appellant on 09.9.2019 and the appellant voluntarily gave a confession statement and the same was recorded in the presence of the witnesses. Thereafter based on the disclosure statement of the appellant, P.W.22 had recovered material objects M.O.1 and M.O.2 and thereafter he arrested the appellant and remanded to judicial custody. He also obtained forensic lab report and thereafter he collected all materials and filed final report.

3.3. On appearance of the appellant and compliance of Section 207 of Cr.P.C., finding that the case was exclusively triable by the Court of Sessions the learned Magistrate had committed the case to the Court of Sessions and the learned Principal Sessions Judge, Tirunelveli had taken the case on file in S.C.No.270 of 2021 for trial.

3.4. After perusing the case records and hearing both sides the trial Court has framed charges for the offences under Section 341,294(b), 302 and 506(ii) of IPC as against the appellant. The above charges were read over and explained to the appellant. The appellant denied the charges and claimed to be tried.

3.5. The prosecution examined P.W. 1 to P.W.22 and marked exhibits Ex.P.1 to P.2