J U D G M E N T

[Delivered by P.N.PRAKASH, J.]

This criminal appeal has been filed against the judgment and order dated 11.01.2017 passed in S.C.No.246 of 2015 on the file of the Sessions Court, (Mahalir Neethimandram), Chennai.

2. The prosecution story runs thus:

2.1 The deceased Hemavathi, who was aged about 52 years at the time of her death, was residing in Flat No.10, 2nd Floor, Annai Dhana Bhakiyam Illam, Girija Nagar East, Kolathur, Chennai. She has two sons, one of them was residing in Singapore and the other one viz., Karthick (P.W.2) lived with Hemavathi in the said apartment. Karthick (P.W.2) was running a textile shop named Kala Textiles, in Kolathur area. Kalavathi (P.W.1) was a neighbour of Hemavathi and was residing in the adjacent apartment.

2.2 On 20.11.2014, around 12.00 noon, Kalavathi (P.W.1) went to the school of her grandchildren to give them food and returned home by 3.00 p.m. While she crossed the apartment of Hemavathi, she found the main door open and the television in full volume. Out of curiosity she peeped in and found Hemavathi lying in a pool of blood on the floor. Immediately, she called out her neighbours and people assembled there.

2.3 An ambulance was summoned and Hemavathi was rushed to the Kilpauk Medical College and Hospital (for brevity "the KMC Hospital"), where she was examined by Dr.Suresh Babu (P.W.11), who, in his evidence as well in the accident register (Ex.P14), has stated that Hemavathi, aged about 50 years, was brought with injuries to the hospital at 04.30 p.m. by Bharath. When he (P.W.11) enquired Bharath, he seems to have told him that someone has attacked Hemavathi and he does not know the full details. Dr.Suresh Babu (P.W.11), admitted Hemavathi as an in-patient and made necessary entries in the accident register (Ex-P14). Dr.Suresh Babu (P.W.11) found the following injuries on the body of Hemavathi:

i. Laceration 8x3x2 cms in right side scalp ii. Cut injury 4x2x1 cms in right frontal region of scalp iii. Laceration 4x3x2 cms in chin iv. Laceration 2x1x1 cms in left forearm v. Laceration 4x1x1 cms in right side forehead vi. Cut injury 8x1x1 cms in neck

2.4 On a written complaint (Ex.P1) given by Kalavathi (P.W.1), Kanthakumar (P.W.15), Inspector of Police, V-6, Kolathur Police Station, registered a case in Crime No.1593 of 2014 at 4.00 p.m. on 20.11.2014 under Section 307 IPC against unknown accused and prepared the printed FIR (Ex.P19), which reached the jurisdictional Magistrate at 11.55 a.m. on

21.11.2014, as could be seen from the endorsement thereon.

2.5 The Investigating Officer (P.W.15), went to the place of occurrence and prepared an observation mahazar (Ex.P3) and rough sketch (Ex-P20) in the presence of witnesses Sivasenthil (P.W.4) and Dilipan (not examined). From the place of occurrence, the Investigating Officer (P.W.15)

seized the following material objects under the cover of a mahazar (Ex.P4) :

i. vegetable cutter (mUthkiz) (M.O.1);

ii. mosaic tile piece with bloodstain (M.O.2); and iii. mosaic tile piece without bloodstain (M.O.3)

2.6 On 20.11.2014, the Investigating Officer (P.W.15) received intimation from the KMC Hospital that Hemavathi succumbed to the injuries and therefore, he altered the case from one under Section 307 IPC to one under Section 302 IPC vide alteration report (Ex.P21), which reached the jurisdictional Magistrate on 21.11.2014, as could be seen from the endorsement thereon.

2.7 The Investigating Officer conducted inquest over the body of Hemavathi and prepared the inquest report (Ex.P22).

2.8 Dr.Sankar (P.W.12), who performed autopsy on the body of Hemavathi, in his evidence as well in the postmortem certificate (Ex.P15), has noted the following injuries:

“INJURIES:

Reddish brown abrasions seen over the following areas:

● Back of lower third of left forearm 0.5 x 0.2 cm, Back of right elbow 3 x 1 cm, Back of upper third of right forearm 1.5 x 1 cm, Back of middle third of right forearm 1 x 0.5 cm, Front of lower third of right thigh 2 x 1 cm.

Laceration :

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