IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 02.11.2022 PRONOUNCED ON: 02.12.2022 CORAM THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.A.No.32 of 2020 and Crl.M.P.No.15035 of 2022 Anand .. Appellant/sole accused Vs.

The State Rep. By The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

(Crime No.1053 of 2016) .. Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374(2) of Criminal Procedure Code, praying to set aside the judgment of conviction and sentence awarded by the learned XVIII Additional Sessions Judge, Chennai, in S.C.No.217 of 2017 dated 29.11.2019.

For Appellant : Mr.K.Thenrajan For Respondent : Mr.M.Babu Muthumeeran Additional Public Prosecutor

JUDGMENT

RMT.TEEKAA RAMAN, J.

The convicted sole accused is the appellant herein.

2. This appeal is filed against the judgment dated 29.11.2019 passed in S.C.No.217 of 2017 on the file of the learned XVIII Additional Sessions Judge, Chennai, wherein the appellant/accused was convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one year rigorous imprisonment.

3. Short facts leading to the filing of the appeal, are as follows:

(i) The deceased Kannan and PW1-Kaliamurthy, are brothers staying in Koyembedu market and working as Coolie for the past 20 years. The deceased Kannan and his friends, who were working as coolie in the Koyambedu market were in the habit of teasing the accused regularly which developed enmity between the accused and deceased Kannan.

(ii) The criminal law was set into motion on 06.10.2016 when the said Kaliyamurthy [PW1] came and lodged Ex.P1-complaint alleging that somebody has stabbed his brother Kannan (deceased) in his neck with the empty beer bottle near Shop No.95 in the Koyambedu Market. (iii) PW12-V.Sampath, the Investigation Officer, received the complaint and registered the FIR in Cr.No.1053 of 2016 [Ex.P13] for the offence under Section 302 of IPC. Thereafter, on 06.10.2016 night at 23.45 hours, he went to the scene of occurrence and prepared Observation Mahazar [Ex.P2] and Rough sketch [Ex.P14] in the presence of witnesses Selvaraj and PW4-Ilaiya Perumal and at 00.20 hours on 07.10.2016 recovered broken liquor bottle four pieces and blood stained sharp edged broken bottle piece under the cover of mahazar [Ex.P4] in the presence of same witnesses and thereafter at about 00.40 hours, he recovered Kadapa stone piece without blood stain and with blood stain under cover of mahazar [Ex.P3] in the presence of same witnesses and also examined the witnesses viz., PW1-Kaliamurthy, PW2-Palaniyandi, Manivel, PW3-Murugesan@Justin, Selvaraj, PW4-Ilaiyaperumal and recorded their statements separately and prepared the inquest report [Ex.P15] before the panchayatdars viz., Manikandan, Veeramani, Guna, Ramachandran, Pachaimuthu and arrested the accused under the bridge of Padi Mullai Nagar on 07.10.2016 at about 12.30 hours and took the accused to the Stanley Medical College for treating the injury in his leg, brought him to the station and remanded him to judicial custody and recorded the voluntary confession statement of the accused in the presence of PW5-Paramasivam and PW6-Selvaraj. The witnesses PW1- Kaliamurthy and PW2-Palaniandi identified the accused in the police station and thereafter, PW12 examined the said witnesses and recorded their statements.

(iv) Meanwhile, PW12 the investigation officer also sent the dead body of the deceased Kannan with requisition through SI Sundaram [PW7] for postmortem and after postmortem, handed over the body of the deceased to his wife Selvi, recovered the clothes from the dead body under Form-95 [Ex.P16] and sent the clothes for chemical analysis. (v) Later PW12, sent the case properties under Form 95 [Ex.P17]

to Court and thereafter sent the Material Objects Kadapa stones with blood stain and without blood stain M.O.3 and M.O.4, respectiv