Crl.A(MD)No.579 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on 21.02.2023

Pronounced on 10.03.2023

CORAM

THE HONOURABLE DR JUSTICE G.JAYACHANDRAN

AND

THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN

Crl.A(MD)No.579 of 2019

Muthupandi

.. Appellant/Sole Accused

Vs.

The State,

Represented by the Inspector of Police,

Sethubavachatram Police Station,

Thanjavur District.

(Crime No.149 of 2017)

.. Respondent/Complainant

Prayer: Criminal Appeal has filed under 374(2) of the Criminal

Procedure Code to set aside the judgment of the learned III-Additional

District Judge, Pattukottai, dated 29.08.2019 made in S.C.No.85 of 2018.

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Crl.A(MD)No.579 of 2019

For Appellant

: Mr.N.Ananda Kumar,

for Mr.P.Balamurugan

For Respondent : Mr.Thiruvadikumar

Additional Public Prosecutor

JUDGMENT

K.K.RAMAKRISHNAN, J.

The sole accused in S.C.No.85 of 2018 on the file of the III

Additional District Judge, Pattukottai, is the appellant before this Court

and he challenged the following conviction and sentence passed against

him under Section 302 IPC by the judgment, dated 29.08.2019.

Accused

Conviction for

offence under

Section

Sentence of imprisonment

Muthupandi

(Sole Accused)

302 of IPC

(i)Life Imprisonment. Fine of Rs.

10,000/-, in default 6 months Simple

Imprisonment.

2.The case of the prosecution runs thus:

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Crl.A(MD)No.579 of 2019

2.1. The case of the prosecution is that P.W.11, Jeyaraman was

running a Ice Company in the name and style of “Aswini” at Pattukottai.

Both the accused and the deceased were worker of P.W.11. P.W.11

scolded the accused for selling lesser quantity of ice-cream than the

deceased which impulsed the appellant to make quarrel with the

deceased. Further, on 11.09.2017, at about 03.00 p.m., the appellant

attacked the deceased with M.O.4 in his rental residence situated at

Irandam Pulikadu belonged to P.W.8 which resulted in to death.

2.2. The next day, P.W.1 incidentally went to the residence of the

deceased and found him dead. Immediately, she informed the same to her

husband and neighbour. Thereafter, she lodged a complaint(Ex.P.1) to

P.W.13 on 12.09.2017 at 05.00 p.m. On receipt of the complaint, P.W.13

registered the case in Crime No.147 of 2017 for the offence under

Section 302 of IPC and express FIR is marked as Ex.P.6 and he

transmitted the FIR to the learned Judicial Magistrate Court, Pattukottai,

as well as the Inspector of Police, P.W.18.

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Crl.A(MD)No.579 of 2019

2.3. P.W.18, the Inspector of Police, upon receipt of the FIR,

conducted the investigation by preparing the observation mahazar (Ex.P.

2), sketch (Ex.P.11) and also recovered M.Os.1, 2 & 3 from the

occurrence place in the presence of the witness namely, P.W.8 and

conducted inquest under Ex.P.12 and sent requisition to P.W.15 to

conduct postmortem.

2.4. Thereafter, on 13.09.2019, between 10.30 a.m, to 12.00 p.m,

he arrested the accused on Pudupattinam in the ECR Road and the

accused gave the voluntary confession in the presence of P.W.10 and on

the basis of the said confession, he recovered M.O.4 in the occurrence

place. Thereafter, he continued the investigation by collecting

Postmortem Certificate and sent M.Os.1 to 3 for obtaining Serological

Report by submitting the requisition to P.W.17. After collecting all the

reports and examining all the witnesses, he filed final report before the

learned Judicial Magistrate, Pattukottai, under Section 302 IPC.

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Crl.A(MD)No.579 of 2019

2.5. The learned learned Judicial Magistrate, Pattukottai, has taken

the final report on file in P.R.C.No.77 of 2017 and committed the case to

the learned Sessions Judge, Thanjavur, afte