IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 09.09.2021 Pronounced on 28.09.2021 CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA Criminal Appeal No.352 of 2018 Palanisamy ... Appellant/Sole Accused Vs.

State Represented by The Inspector of Police, B-10 Selvapuram Police Station, Coimbatore District.

(Crime No.580/2013) ... Respondent/Complainant Criminal Appeal filed under Section 374(2) of Code of Criminal Procedure, to set aside the conviction and sentence made in S.C.No.121 of 2014, dated 11.04.2017 on the file of IV Additional District and Sessions Court, Coimbatore.

For Appellant : Mr.T.Muruganantham For Respondent : Mr.M.Babu Muthu Meeran Additional Public Prosecutor.

JUDGMENT

(Heard through Video conferencing)

R.N.MANJULA, J.

The Appellants have filed this Appeal challenging the conviction and sentence made in S.C.No.121 of 2014 on the file of IV Additional District and Sessions Court, Coimbatore, dated 11.04.2017.

2. The facts of the case in brief:

The accused is a resident of Selvapuram Coimbatore and he was working as a Mason. P.W.2 Ayishammal and her husband Abuthahir were residing at Erode along with their two sons Jamaaludin (PW1) and Kamaaludin (the deceased). Due to misunderstanding between PW.2 and her husband, they got separated and thereafter PW.2 developed relationship with the accused and lived with him along with her two children, at Coimbatore. After the deceased Kamaluddin got married, he was living at Palakadu, Kerala along with his family by doing baniyan business. He kept touch with his biological father Abuthahir also while he was doing the said business. He used to come to Coimbatore to visit his mother PW.2.

2.1. Whenever the accused quarrelled with his mother in a drunken mood, he would encourage his mother to leave the accused and come with him to Kerala. In view of that the accused developed hatred and anger towards the deceased and reprimanded him not to come to his house and talk with PW.1 and PW.2. On 5.5.2013 the deceased visited PW.1 and PW.2 at their house at Coimbatore. On seeing that, the accused got enraged and abused PW.2. When PW.1 went to attend a phone call, the accused shouted at her. So the deceased asked the accused not to shout at his mother. Due to which a quarrel ensued between the accused and the deceased. The accused developed doubts that the deceased would take away his mother and leave him alone. So he decided to take away his life.

2.2. Having such an intention in mind, at about 6.30 am on 6.5.2013 the accused attacked the deceased over his right side head with hammer and caused severe head injury. Immediately the deceased was rushed to the hospital, but he was succumbed to his injuries on 12.05.2013. Earlier on the complaint given by PW.1 on 06.05.2013, a case was registered by B-10 Selvapuram Police Station in FIR No.580/2013 under sections 294 (b) & 307 IPC. After the death of the deceased on an alteration report Ex.P.31 the charges have been altered to 294 (b) & 302 IPC. After completing the investigation, charge sheet was filed against the accused under Sections 294 (b) & 302 IPC.

2.3. The charge sheet was taken cognizance by the Judicial Magistrate No.V, Coimbatore in P.R.C.9/2014. After observing the due formalities the case was committed to the Principal District and Sessions Court, Coimbatore as per Section 209(a) Cr.P.C and thereafter it was assigned to the file of IV Additional District and Sessions Judge. Charges have been framed against the accused under Section 294 (b) and 302 PC and the accused denied the charges and claimed to be tried.

2.4. During the course of trial on the side of the prosecution, 21 witnesses have been examined as P.Ws.1 to 21 and Exs.P-1 to P-34 were marked and material objects 1 to 6 were marked. On the side of the defence no witnesses was examined or no documents have been marked.

3. The brief facts of the case as it emerged from the evidence on the side of the prosecution:-

PW.1-Jamaaludin and the de