Advocates:
['M/S V PAVEL', '', 'G JANAKI', 'A D SHANKAR', 'PUBLIC PROSECUTOR']

Crl.A.No.575 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 26.10.2022

PRONOUNCED ON: 14.12.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH

AND

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

Crl.A.No.575 of 2018

Murugavel

.. Appellant/sole accused

Vs.

The State Rep. By

The Inspector of Police,

T16, Nasarathpet Police Station,

Nasarathpetai, Thiruvallur District.

(Crime No.541 of 2014)

.. 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 II Additional District and Sessions

Judge, Poonamallee, in S.C.No.35 of 2015 dated 20.04.2018.

For Appellant

:

Mr.A.D.Shankar

For Respondent

:

Mr.M.Babu Muthumeeran

Additional Public Prosecutor

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Crl.A.No.575 of 2018

JUDGMENT

RMT.TEEKAA RAMAN, J.

The convicted sole accused is the appellant herein.

2. By judgment dated 20.04.2018, the learned II Additional District

and Sessions Judge, Poonamallee, has convicted the accused for the

charge under Section 302 of IPC and sentenced him to undergo life

imprisonment. Challenging the same, the accused has preferred this

appeal.

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

(i) The criminal law was set into motion by filing the complaint-

Ex.P1 by one Manivannan [PW1], Village Administrative Officer of

Nasarathpet. On 16.08.2014, at 10.00am, he had received a phone call

that near the fly over in Nasarathpet cemetery, an unidentified male body

was lying and he along with his Village Assistant-Suresh [PW2] went

and saw the scene of crime and found that one person (male) was found

dead and a huge stone was found on the dead body and accordingly, he

gave the complaint.

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Crl.A.No.575 of 2018

(ii) Alexander [PW16], the Inspector of Police, Nasarathpet,

received the complaint at 10.30.am on 16.08.2014 and registered the FIR

[PW9] in Cr.No.541 of 2014 under Section 302 of IPC and he went to the

scene of crime along with witnesses Suresh [PW2] and Mariappan [PW3]

and inspected the scene of crime. He prepared the Observation Mahazar

[Ex.P2] and also a Rough sketch [Ex.P10] and also taken the blood

stained stone weighing roughly 25 Kg, blood stained soil and sample soil

[M.O.1 to M.O.3] under the Seizure Mahazar [Ex.P3] and thereafter, sent

the dead body for postmortem to the Kilpauk Medical College, through

the Constable.

(iii) The message was conveyed to the brother of the deceased

Moorthy viz., Gunalan [PW7] and he came along with the wife of the

deceased Tmt.Ammu [PW5].

(iv) On the next day i.e., on 17.08.2014, the PW16-Inspector of

Police has conducted the inquest in the mortuary of the Kilpauk Medical

College and prepared the inquest report [Ex.P11]. Thereafter, in order to

find out the cause of death, he made a requisition through Devabalan

[PW8], the Grade-I Police Constable for conducting postmortem.

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Crl.A.No.575 of 2018

(v) Dr.Selvakumar [PW13], based upon the requisition for post

mortem, he has conducted the postmortem and noted the following

injuries.

Injuries:

1. Head found crushed and face deformed with underlying facial

bones namely zygoma, maxilla, nasal bone and ramus of

mandible found fractured on right side.

2. Laceration of size 14 x 13 x scalp deep over left fronto tempero

parietal region of scalp with beveling of skin posteriorly where

skull found exposed outside. On dissection – communited

fracture of vault of skull of size 11 x 6 cm in the left fronto

tempero parietal bone.

3. Laceration of size 5 x 2 x bone deep over right forehead just

above the right eyebrow.

4. Laceration of size 2.5 x 1.5 x muscle deep over front of right

chin.

5. Laceration of size 1.5 x 1 x 0.5 cm just above the centre of

chin.

On dissection of head:

Scalp: Bluish black bruising of size 22