JUDGMENT :

P.DHANABAL, J.

Challenging the conviction and sentence rendered by the learned V Additional Sessions Judge, Madurai in S.C.No.339 of 2016 dated 21.02.2023, the present criminal appeal has been filed by the appellant.

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

3.1. The case of the prosecution is that there was dispute between the deceased Muthuraj and his wife Athilakshmi. While so, the deceased approached the appellant to compromise the matter between the deceased and his wife, but he is unable to compromise the matter. In the meantime, the deceased suspected the character of his wife and the appellant, thereby there was enmity between the appellant and the deceased. While so on 03.07.2014 at about 1.00 a.m., when the deceased was in the house of the complainant Sivakumar and Pandiammal were there at that timne the appellant entered into the house of Muthurajan and assaulted the said Muthurajan with billhook saying that When the said Muthurajan blocked the said blow he repeatedly assaulted on the various parts of the body of the said Muthurajan, at that time when Pandiammal restrained him the appellant had assaulted and attempted to kill her. Again when the said Sivakumar blocked him he also assaulted the said Sivakumar with billhook, thereby the said Muthurajan died on the spot itself. The said Pandiammal and Sivakumar sustained injuries all over the body, thereby the said Sivakumar lodged complaint before the respondent police.

3.2. The Sub Inspector of Police/P.W.13 registered First Information Report /Ex.P13 in Crime No.306 of 2014 for the offences under Sections 452, 324,307 and 302 of IPC. Thereafter the Investigation Officer went to the place of occurrence on the day at about 6.00 am., and prepared observation mahazhar/Ex.P.3 and rough sketch/Ex.P.14 in the presence of P.W.5/Gurusamy and one Alagarsamy. He also seized blood stained soil and ordinary soil and examined the injured witnesses P.W.1 and P.W.2. Thereafter the Investigation Officer conducted inquest of the body of the deceased and prepared inquest report/Ex.P.15. On 04.07.2014 the appellant surrendered before the Judicial Magistrate Court, Melur and he was taken police custody as per the order of the Court and the appellant gave confession statement on 05.07.2014. As per the disclosure statement of the appellant the Investigation Officer seized M.O. 1/billhook through seizure mahazhar /Ex.P.10 and thereafter he also seized the two wheeler bearing Reg.No. TN 59 AV 7947 Hero Honda through Ex.P.11/mahazhar. Thereafter the appellant was remanded to judicial custody along with the material objects. The Investigation Officer obtained post mortem certificate and examined the doctor /P.W.10 who conducted post mortem and obtained certificate /Ex.P.21, thereafter due to transfer he handed over the investigation to P.W.15 and the said P.W.15 also examined the witnesses and sent the seized materials for chemical analysis and after obtaining report from the forensic lab he filed final report as against the appellant for the offences under Sections 449, 326, 307 and 302 of IPC. Thereafter the case was committed to the Court of Sessions.

4. After filing of final report, the trial Court has framed charges for the offences under Sections 450, 294(b),302,307 and 326 of IPC. The above charges were read over and explained to the appellant The appellant denied the charges and claimed to be tried.

5. The prosecution examined P.W. 1 to P.W.15 and marked exhibits Ex.P.1 to P.23 and material objects M.O.1 to M.O.6 were produced. After completion of prosecution witnesses the appellant was questioned under Section 313 (1)(b) of Cr.P.C., with regard to the incriminating circumstances appearing against him, he denied the same as false. On the side of the appellant one witness was examined.

6. After analyzing the evidence and upon hearing both sides, the trial Court has convicted the appellant for the offences as stated supra. Aggrieved by the said judgment and convictio