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

https://hcservices.ecourts.gov.in/hcservices/

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