JUDGMENT :

R. POORNIMA, J.

This Criminal Appeal is directed as against the judgment of conviction and sentence passed by the Principal Sessions Judge, Tiruneveli, in SC No.289 of 2021, dated 01.11.2022 and consequently to acquit the appellant.

2. The accused was charged for the offences under Sections 302 and 201 of the Indian Penal Code. According to the prosecution, the accused was temporarily residing in the house of the deceased, Sudalaimuthu. The sister of the accused was residing in the house of her relative, Anna Vadivu, and was working as a teacher. The deceased and the sister of the accused were acquainted with each other. Subsequently, she fell in love with another person. Owing to this, the deceased developed enmity towards the sister of the accused. Therefore, with the intention of killing the deceased, the accused allegedly took him on 19.12.2020 at about 12.30 midnight to a place at Muneerpallam, Etteri, Tirunelveli, belonging to one Sham Patric.

3. At that time, the deceased was sitting on the parapet of the well with his legs hanging inside. The accused allegedly came there and kicked the deceased on his chest, as a result of which the deceased fell into the well and died due to drowning. Thereafter, the accused falsely stated that he was not present at the place of occurrence. Hence, he was charged under Sections 302 and 201 IPC.

4. The complaint was lodged by P.W.1, the paternal uncle of the deceased. In the complaint, he stated that on 18.02.2020, the deceased and the accused came to Etteri, Tirunelveli. One Raja (P.W.3) took them to a field for work. About 15 persons were already staying there for employment, and the said Raja had arranged the work for them. All of them had dinner and went to sleep. The deceased, the accused, and others were sleeping near a well situated in the place of occurrence, about 10 feet away from the well.

5. At about 1.00 a.m., the accused woke up and went to charge his cell phone. He then heard a noise and noticed that the deceased was not present at the place. He also found the chappal worn by the deceased inside the well. Immediately, he woke up the others and informed them about the same. All of them came and looked into the well, but they could not find anything. They also informed the same to P.W.3.

6. Thereafter, the father of the deceased came to the place of occurrence and at about 6.30 a.m., the dead body of the deceased was found in the well and taken out. The father of the deceased was unable to bear the death of his son and returned to his house. Subsequently, P.W.1 lodged the complaint.

7. The complaint was received by P.W.16 – Tmt. Mariyadoss, who registered a case in Crime No.46 of 2020 under Section 174 Cr.P.C. The original FIR was forwarded to the Judicial Magistrate concerned and copies were sent to the higher officials for further action.

8. P.W.18–Tmt.Sundar, Inspector of Police, took up the investigation. He visited the place of occurrence and prepared the Observation Mahazar (Ex.P2) and Rough Sketch (Ex.P9). He conducted an inquest over the dead body and prepared the Inquest Report (Ex.P10).

9. Thereafter, the investigation was handed over to P.W.19 – Tmt. Seethalakshmi, Inspector of Police. She continued the investigation. In the meantime, the accused surrendered before the Village Administrative Officer, who produced him before the police. She arrested the accused and recorded his confession statement (Ex.P11). Based on the confession, the accused produced a knife (M.O.1), which was recovered under a Seizure Mahazar (Ex.P7).

10. Subsequently, the section of law was altered from Section 174 Cr.P.C. to Section 302 IPC through an Alteration Report (Ex.P13). After completing the investigation, she filed the final report on 22.07.2020 against the accused for the offences under Sections 302 and 201 IPC (Ex.P14).

11. P.W.13–Dr.Selvamurugan conducted the postmortem examination and issued the Postmortem Certificate (Ex.P4). During the postmortem, he noted the following externa