JUDGMENT

RMT.TEEKAA RAMAN, J.

The convicted sole accused is the appellant herein.

2. By judgment dated 20.04.2018, the learned II Additional District and Sessions Judge, Poonamallee, has convicted the accused for the charge under Section 302 of IPC and sentenced him to undergo life imprisonment. Challenging the same, the accused has preferred this appeal.

3. Short facts leading to the filing of the appeal, are as follows:

(i) The criminal law was set into motion by filing the complaint-

Ex.P1 by one Manivannan [PW1], Village Administrative Officer of Nasarathpet. On 16.08.2014, at 10.00am, he had received a phone call that near the fly over in Nasarathpet cemetery, an unidentified male body was lying and he along with his Village Assistant-Suresh [PW2] went and saw the scene of crime and found that one person (male) was found dead and a huge stone was found on the dead body and accordingly, he gave the complaint.

(ii) Alexander [PW16], the Inspector of Police, Nasarathpet, received the complaint at 10.30.am on 16.08.2014 and registered the FIR [PW9] in Cr.No.541 of 2014 under Section 302 of IPC and he went to the scene of crime along with witnesses Suresh [PW2] and Mariappan [PW3] and inspected the scene of crime. He prepared the Observation Mahazar [Ex.P2] and also a Rough sketch [Ex.P10] and also taken the blood stained stone weighing roughly 25 Kg, blood stained soil and sample soil [M.O.1 to M.O.3] under the Seizure Mahazar [Ex.P3] and thereafter, sent the dead body for postmortem to the Kilpauk Medical College, through the Constable.

(iii) The message was conveyed to the brother of the deceased Moorthy viz., Gunalan [PW7] and he came along with the wife of the deceased Tmt.Ammu [PW5].

(iv) On the next day i.e., on 17.08.2014, the PW16-Inspector of Police has conducted the inquest in the mortuary of the Kilpauk Medical College and prepared the inquest report [Ex.P11]. Thereafter, in order to find out the cause of death, he made a requisition through Devabalan [PW8], the Grade-I Police Constable for conducting postmortem.

(v) Dr.Selvakumar [PW13], based upon the requisition for post mortem, he has conducted the postmortem and noted the following injuries. Injuries:

1. Head found crushed and face deformed with underlying facial bones namely zygoma, maxilla, nasal bone and ramus of mandible found fractured on right side.

2. Laceration of size 14 x 13 x scalp deep over left fronto tempero parietal region of scalp with beveling of skin posteriorly where skull found exposed outside. On dissection – communited fracture of vault of skull of size 11 x 6 cm in the left fronto tempero parietal bone.

3. Laceration of size 5 x 2 x bone deep over right forehead just above the right eyebrow.

4. Laceration of size 2.5 x 1.5 x muscle deep over front of right chin.

5. Laceration of size 1.5 x 1 x 0.5 cm just above the centre of chin.

On dissection of head:

Scalp: Bluish black bruising of size 22x18x0.3cm over both parietal, occipital and over left fronto tempero parietal region seen except right frontal and temporal region.

Meninges: Intact. Brain: marked sub dural and sub arachnoid haemmorhage seen all over the brain surface. Both ventricles were blood stained. Base of Skull: Fracture of anterior cranial fossa on both sides seen.

On dissection of thorax:

Fracture of inner third of right clavicle seen with surrounding bruising. Fracture of sternum at the junction of 3rd rib seen on its front with surrounding bruising.

Ribs: Fracture of 1st to 4th rib on right side seen on its front in mid clavicular line with surrounding bruising. Fracture of 2nd and 3rd rib on its front at mid clavicular line on left side seen with surrounding bruising.

Thoracic cavity – Contains 350ml of fluid blood.

Heart: Normal in size. Chambers contains few ml of fluid blood, coronaries patent.

Lungs: Both lungs normal in size c/s: pale.

On dissection of abdomen:

Stomach: 25ml of brown coloured fluid seen. No specific smell felt, Mucosae pale Liver, Spleen and both Kidneys: Normal in size, c/s