JUDGEMENT

S.VAIDYANATHAN, J.

AND A.D.JAGADISH CHANDIRA, J.

This appeal is against the judgment dated 12.10.2018 passed by the learned Sessions (Fast Track Mahila) Judge, Namakkal, Namakkal District, in S.C.No.80 of 2016 convicting the appellant for offence u/s 341 and 302 of IPC and sentencing him to undergo Rigorous Imprisonment for 1 month for offence under Section 341 of IPC and to undergo Imprisonment for Life and to pay a fine of Rs.2,000/- for offence u/s 302 of IPC and in default to pay fine to undergo rigorous imprisonment or a further period of six months.

2. The case of the prosecution in brief is as follows:-

(i) The deceased Sakthivel, aged about 27 years, is the son of P.W.1-M.Manivel and P.W.2-Tmt.Pappu and brother of the deceased P.W.3-Dhanapal. P.W.4 is the brother of P.W.2 and brother-in-law of P.W.1. PW.5 is the wife of P.W.4. P.W.12 is the sister of P.W.1 and P.W.13 is the son of P.W.12. P.W.15 is a neighbor of the accused. (ii) The deceased graduated in B.Com. However, he was doing milk vending business. He used to leave his house at 06.00 a.m. every day for procuring milk and return between 10.00 or 11.00 a.m. and similarly, in the evening, he used to leave his house at 04.00 p.m. and return after the business was over. As usual, on 13.02.2016 at about 04.00 p.m. the deceased left the house and proceeded on his M80 motorcycle bearing TN 38 R 7537 with empty milk cans for procuring milk, but, he did not return till 06.00 a.m. on 14.02.2016. Sometimes the deceased used to stay at his maternal uncle's house after the business of the day was over and therefore, he was thinking that he would have stayed at his maternal uncle's house. On 14.02.2016 at 06.00a.m. his brother-in-law contacted him over phone and informed that his son Sakthivel was found killed at the field of one Natarajan of Thulakkankadu and asked him to come over there. He immediately rushed to the spot where he found his son's dead body with stab injuries. Immediately, he made a complaint (Ex.P.1) before Vennandhur P.S. P.W.28, the Sub Inspector of Police, who was on duty on 14.02.2016 at 08.00 a.m. on receipt of the complaint from P.W.1 registered a case in Crime No.22 of 2016 for the alleged offences u/s 302 of IPC. He forwarded the original FIR (Ex.P.16) to the jurisdictional Magistrate through P.W.26-Head Constable and submitted the case file to the Inspector of Police for investigation. Accordingly, P.W.26 handed over the original FIR to the Judicial Magistrate, Rasipuram on 14.02.2016 itself.

(iii) P.W.30, the Inspector of Police took up the case on

14.02.2016 itself for investigation and summoned for scientific experts and sniffer dog. He visited the spot at 10.00 a.m. on the same day and prepared an observation mahazar and a rough sketch (Ex.P.18) in the presence of witnesses P.W.6 and one Thiyagarajan. He also held an inquest in the presence of panchayatars and prepared an inquest report (Ex.P.19). At 01.00 p.m. he forwarded the body of the deceased to Mohan Kumaramangalam Medical College Hospital for post-mortem through P.W.27, the Head Constable attached to the police station. Thereafter, he examined the independent witnesses and also recorded their statements individually.

(iv) Thereafter, P.W.30, the investigating officer, recovered the blood stained earth and sample earth, M80 motorcycle TN 38 R 7537, a big aluminum milk can, a small aluminum milk can, a stainless steel tumbler, a small wire bag rose in colour, a wire bag green in colour, an one liter milk measure jug, an half liter milk measure cup, a pair of slippers, a Micromax Cellphone without SIM card but with Memory Card, Two blood stained knives, another small aluminum can under a mahazar in the presence of witnesses. Thereafter, P.W.30 forwarded all the material objects that were recovered from the scene of occurrence for onward submission to the Forensic Department for chemical analysis.

(v) P.W.22, the Tutor in Forensic Medicine at Government Mohan Kumaramangalam College Hospi