JUDGMENT

(Order of the Court was delivered by SUNDER MOHAN,J.)

This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him vide judgment dated 21.03.2019 in S.C.No.166 of 2018 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Vellore.

2(i) It is the case of the prosecution that the accused and the deceased were close friends; that 1½ years prior to the occurrence, they both went in a two-wheeler in an inebriated condition and met with an accident, as a result of which, the deceased sustained multiple injuries and incurred nearly Rs.1,50,000/- towards treatment and medical expenses; that the deceased demanded the said sum from the appellant stating that he was responsible for the accident; that enraged by the repeated demands made by the deceased, the appellant decided to do away with the deceased; that on 30.01.2016, the appellant caused the death of the deceased, by attacking him indiscriminately on the neck with a knife [paper-cutter] and also assaulted the deceased with a wooden log on the head and other parts and caused his death.

(ii) It is the further case of the prosecution that PW1, the Village Administrative Officer, found a dead body on 31.01.2016 at 8.30 a.m., near a lake based on the information given by his Assistant Velu; that PW1 found the body of the deceased with injuries to the body and found a broken asha-blade, a Samsung Mobile phone, a wooden log near the dead body; and that PW1 gave a complaint [Ex.P1] to PW5, who registered the FIR [Ex.P6] in Crime No.44 of 2016 for the offence under Section 302 of the IPC.

(iii) Thereafter, PW7, took up the investigation, went to the scene of the occurrence, prepared the Observation Mahazar [Ex.P10] and the Rough Sketch [Ex.P11] and he conducted the inquest on the unidentified dead body in the presence of panchayatars, and prepared the inquest report [Ex.P12]. PW7 seized M.O.1 to M.O.7 under Seizure Mahazar [Ex.P13] in the presence of witnesses. In order to conduct a DNA test to fix the identity of the deceased, PW7 made a request to preserve the femur bone of the deceased and sent the body of the deceased for a postmortem. PW7 seized the dress materials of the deceased and examined the brother of the deceased, one Jareena Begum, daughter of the deceased and other important witnesses on 03.02.2016. Then PW7 collected the call details record made from the phone of the deceased, and on the basis of the call records, suspected the involvement of the appellant. On 10.02.2016 at about 12.00 p.m., PW7 arrested the accused, and on his confession, the admissible portion of which is marked as Ex.P34, he recovered the two-wheeler [M.O.16] under Mahazar [Ex.P38 & P39], a mobile phone [M.O.12], and three SIM cards [M.O.13 to M.O.15] under Mahazar [Ex.P40 & P41]. PW7 obtained the DNA Test Report [Ex.P9], and after ascertaining the identity of the deceased, he handed over the investigation to PW8.

(iv) PW8 examined the doctor, who conducted the postmortem and issued the postmortem certificate [Ex.P7]. He filed a final report against the appellant before the learned Judicial Magistrate No.4, Vellore, for the offences under Sections 302 and 201 of the IPC.

(v) On the appearance of the accused, the provisions of Section 207 Cr.P.C., were complied with, and the case was committed to the Court of Session in S.C.No.166 of 2018 and was made over to the learned Additional District and Sessions Judge, Fast Track Court, Vellore, for trial. The trial Court framed charges as against the accused, and when questioned, the accused pleaded 'not guilty'.

(vi) To prove the case, the prosecution examined 11 witnesses as P.W.1 to P.W.11 and marked 41 exhibits as Exs.P1 to P41, and marked 17 material objects as M.O.1 to M.O.17. When the accused was questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against him, he denied the same. The accused did not examine any witnesses or mark any documents.

(vii)