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 23.10.2018 in S.C.No.121 of 2011 on the file of the learned Additional District and Sessions Judge (Fast Track Court), Arni, Tiruvannamalai District

2(i) It is the case of the prosecution that the deceased and the appellant were friends; that the accused was in the habit of demanding money from the deceased for purchasing liquor; that on 04.10.2009 at about 12.30pm, the appellant demanded money from the deceased and the deceased refused; that on 06.10.2009 at about 8.00 to 8.30am, the accused got into the lorry and picked up a quarrel with the deceased; that when PW1, PW2, and PW8 asked the appellant to get down from the lorry, the appellant got down and followed the lorry in a two-wheeler that was ridden by one Pushparaja, stopped the lorry and attacked the deceased with a knife on the chest and the stomach.

(ii) It is the further case of the prosecution that the victim was taken to the hospital. On information given by the authorities of Polur Government Hospital to the respondent police, PW14 went to the hospital and found that the deceased was taken for further treatment at Vellore Government Hospital. Thereafter, PW14 recorded the statement of the deceased on 07.10.2009 at about 12.05am. At about 12.45am, he registered the case in Cr.No.441 of 2009 for the offences under Sections 324 and 307 of IPC.

(iii) PW16 took up the investigation and went to the scene of the occurrence at about 5.30am, on 07.10.2009 and prepared the Observation Mahazar (Ex.1) and the Rough Sketch (Ex.P11). At about 10.00am, on the same day, he recorded the statement of the deceased and seized the bloodstained lungi [M.O.1] from the deceased under Seizure Mahazar (Ex.P2). At 2.00pm, he arrested the accused near Polur Bus Stand and, on his confession, seized the knife [M.O.2] and a shirt [M.O.3] under the Seizure Mahazar [Ex.P13].

(iv) On 19.10.2009, on information from the hospital authorities that the deceased succumbed to injuries, PW16 altered the offence to Section 302 of the IPC and sent the alteration report Ex.P14 to the learned Magistrate. On 20.10.2009, he conducted the inquest in the presence of the panchayatars and prepared the inquest report, Ex.P15. He examined the witnesses, the doctors and the Forensic Science experts and filed the final report for the offence under Sections 341, 324, and 307, altered to 302 of the IPC on 31.12.2009 against the appellant before the learned Judicial Magistrate, Arni.

(v) 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.121 of 2011 and was made over to the learned Additional District and Sessions Judge (Fast Track Court), Arni, Tiruvannamalai District, for trial. The trial Court framed charges u/s.302 of the IPC as against the appellant, and when questioned, the appellant pleaded 'not guilty.

(vi) To prove the case, the prosecution examined 16 witnesses as P.W.1 to P.W.16 and marked 16 exhibits as Exs.P1 to P16, and marked 3 Material Objects as M.O.1 to M.O.3. 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 neither examined any witness, nor marked any documents.

(vii) On appreciation of oral and documentary evidence, the trial Court found that the prosecution had established the case beyond reasonable doubt, and held the accused guilty of the offences under Section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/- in default to undergo simple imprisonment for one month. Hence, the accused/appellant has preferred the appeal challenging the said conviction and sentence.

3. Heard, Mr.S.T.Raja, learned counsel appearing for the appellant/accused, and Mr.E.Raj Thilak, lear