Crl. Appeal No. 5 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

07.06.2023

Pronounced on

30.06.2023

Coram

THE HONOURABLE MR. JUSTICE M.SUNDAR

and

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

Crl. Appeal No. 5 of 2019

Yuvaraj

..

Appellant

Vs

State: Inspector of Police,

Elachipalayam Police Station,

Namakkal District.

..

Respondent

Cr.No.62/2013

Criminal Appeal filed under Section 374 Cr.P.C. against the judgment

passed in S.C. No.27 of 2016 dated 06.12.2018 on the file of the Principal

Sessions Judge, Namakkal.

For Appellant

..

Mr.A.Padmanaban

For Respondent

..

Mr.E.Raj Thilak,

Addl. Public Prosecutor

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Crl. Appeal No. 5 of 2019

JUDGMENT

K.GOVINDARAJAN THILAKAVADI, J.

The Appellant/Accused has preferred the instant criminal Appeal ( as

an aggrieved person) as against the judgment dated 06.12.2018 in S.C.No.27

of 2016 passed by the learned Principal Session Judge, Namakkal.

Facts:

2.The case of the prosecution is that the Appellant/Accused is an

habitual drunkard and frequently developed quarrel with his father. He was in

the habit of demanding money from his father for doing Rig business. When

the same was refused by the deceased father, the Appellant/Accused uttered,

“eP brj;J bjhiye;jpUe;jhy; ehd; epk;kjpahf ,Ue;jpUg;ngd;/” and decided

to do away with him. On 01.05.2013/02.05.2013 in between 11.00 p.m and

01.00 a.m the Appellant/Accused took his father and inflicted a cut injury

with koduval on the head of his father, who succumbed to the injuries

sustained by him. Hence, the Appellant/Accused was charged for the offence

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Crl. Appeal No. 5 of 2019

punishable under Section 302 IPC. The prosecution has examined 11

witnesses and marked Exs.P.1 to P.35. On the side of the Accused neither

oral nor documentary evidence was let in.

3. The learned Principal Sessions Judge, Namakkal, after perusing the

oral and documentary evidence on record and the arguments advanced on

both sides passed the impugned Judgment in S.C.No.27 of 2016 on

06.12.2018 in which he had observed as follows:

''Taking into consideration of all the materials on

record, this court is of the view the intention of the accused

to do away with the deceased and putting into action proves

that he has decided to cause death of the deceased and

hence, prosecution proved that, accused committed murder

of Kandasamy, with intention of causing death beyond

reasonable doubt and the accused is liable to be punished

u/s 302 IPC.

Taking into consideration of all the evidences,

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Crl. Appeal No. 5 of 2019

documents and other materials on record, it is held as, the

prosecution proved that the accused committed murder of

Kandasamy on 01.05.2013 within the Elachipalayam PS

jurisdiction beyond reasonable doubt and hence, the

accused Yuvaraj is liable to be punished u/s 302 IPC.

In the result, the accused Yuvaraj committed murder,

and taking into consideration of the same, accused is

convicted u/s 302 IPC and sentenced to undergo

Imprisonment for Life and imposed fine sum of Rs.10,000/-

(Rupees Ten Thousand only) in default of payment of fine to

undergo simple imprisonment for 4 years.

Since he is found guilty, he is not entitled to any

compensation for his arrest and detention, no compensation

is passed u/s 358 of Cr.P.C. Since the victim PW 1 has come

forward with truth, he is entitled for compensation u/s

357(a) IPC and he can claim the Victim Compensation

before the District Legal Services Authority, Namakkal by

filing application u/s 357(a) and 357(A) IPC.

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Crl. Appeal No. 5 of 2019

If any remission is given to him by the State

Government, in that case, the accused is entitled to set off

the period of imprisonment already undergone Section u/s

428 Cr.P.C.''

4. Aggrieved by thi