JUDGMENT

[Order of the Court was made 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 10.07.2018 in S.C.No.32 of 2014 on the file of the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Vellore.

2(i) It is the case of the prosecution that the appellant and P.W.1/

Shanmugam were brothers; that there was a property dispute between the deceased and P.W.1 and there was an enmity between the two families; that on 22.04.2013 at about 6:15 a.m., when the deceased (wife of P.W.1) was giving a bath to P.W.3/her son, the water used went into the house of the appellant; that enraged by that, the appellant attacked the deceased and the son of the deceased/P.W.3 with an iron rod indiscriminately, as a result of which the deceased died on the spot and P.W.3/the son of the deceased sustained a fracture in the hand.

(ii) P.W.1/Shanmugam, came to know through his daughter (P.W.2)

about the incident and lodged a complaint [Ex.P1]. P.W.14/the Inspector of Police, in turn, registered the First Information Report at 9:30 a.m. on the same day in Crime No.243 of 2013 for the offences under Sections 302, 324, and 506 (ii) of the Indian Penal Code. The Express FIR [Ex.P.14] was sent to the learned Judicial Magistrate No.II, Thirupattur, on the same day at

11.00 a.m.

(iii) P.W.14, after registration of the FIR, took up the investigation, went to the scene of the occurrence at 10:30 a.m, and prepared Observation Mahazar (Ex.P16) and Rough Sketch (Ex.P15). He seized the bloodstained earth (M.O.2) and the earth that was not bloodstained (M.O.3) under Seizure Mahazar (Ex.P2). He thereafter conducted an inquest and prepared an inquest report (Ex.P18). He seized the saree (M.O.4), blouse (M.O.5), and petticoat (M.O.6) of the deceased and sent them under Form 95 to the Court. He thereafter sent the body of the deceased for a post-mortem. The post-mortem was conducted by P.W.13/Doctor, who issued the post-mortem certificate [Ex.P.13]. P.W.13 also made entries in the accident register [Ex.P12]. P.W.13 opined that the death was caused due to severe head injury.

(iv) On 23.04.2013, P.W.14 arrested the accused and, on his confession, recovered an iron rod [M.O.1], which was white in colour. Thereafter, he examined the additional witnesses and handed over the investigation to P.W.15.

(v) P.W.15 conducted further investigation, examined other witnesses, and filed the Final Report against the appellant/sole accused on 01.09.2013 for the offence under Sections 302, 326 and 506 (ii) IPC before the Learned Judicial Magistrate No.II, Thirupatthur.

(vi) On the appearance of the appellant, 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.32 of 2014 and was made over to the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore, for trial. The Trial Court framed charges u/s.302 and 307 of the IPC as against the appellant, and when questioned, the appellant pleaded 'not guilty.

(vii) To prove the case, the prosecution examined 15 witnesses as P.W.1 to P.W.15, marked 18 exhibits as Exs.P1 to P18, and marked 6 Material Objects as M.O.1 to M.O.6. When the appellant was questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against him, he denied the same. The appellant/accused did not examine any witnesses or mark any documents on his side.

(viii) On appreciation of oral and documentary evidence, the trial Court found that the prosecution had established the case beyond reasonable doubt, held the accused guilty of the offences under Sections 302 and 307 of the IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2000/- in default to undergo rigorous imprisonment for three months for the offence under Section 302 of the IPC; and sentenced him to undergo seven years rigorous imprisonment and to pay a fine of Rs.2000/-

in def