IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved

on

:

10..08.2022

Pronounce

d on

: 07..10.2022

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN

AND

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Criminal Appeal No.646 of 2018

Raman

Son of Selvaraj

... Appellant

-Versus-

State Rep by, The Inspector of Police,

Vennandhur Police Station,

Namakkal District.

[Crime No.22 of 2016]

... Respondent

Appeal filed under Section 374(2) of The Code of Criminal

Procedure, 1973, against the Judgment dated 12.10.2018 passed by the

learned Sessions (Fast Track Mahila) Judge, Namakkal, Namakkal District,

in S.C.No.80 of 2016 convicting the appellant for offence u/s 341 and 302

of IPC and sentencing him to undergo Rigorous Imprisonment for 1 month

for offence under Section 341 of IPC and to undergo Imprisonment for

Life and to pay a fine of Rs.2,000/- for offence u/s 302 of IPC and in

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default to pay fine to undergo rigorous imprisonment or a further period of

six months.

For Appellant : Mr.S.Shanmugavelayutham, Sr.Counsel

for Mr.B.Vasudevan

For Respondent : Mr.Babu Muthumeeran, APP.

JUDGEMENT

S.VAIDYANATHAN, J.

AND

A.D.JAGADISH CHANDIRA, J.

This appeal is against the judgment dated 12.10.2018 passed by

the learned Sessions (Fast Track Mahila) Judge, Namakkal, Namakkal

District, in S.C.No.80 of 2016 convicting the appellant for offence u/s 341

and 302 of IPC and sentencing him to undergo Rigorous Imprisonment for

1 month for offence under Section 341 of IPC and to undergo

Imprisonment for Life and to pay a fine of Rs.2,000/- for offence u/s 302

of IPC and in default to pay fine to undergo rigorous imprisonment or a

further period of six months.

2. The case of the prosecution in brief is as follows:-

(i) The deceased Sakthivel, aged about 27 years, is the son of

P.W.1-M.Manivel and P.W.2-Tmt.Pappu and brother of the deceased

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P.W.3-Dhanapal. P.W.4 is the brother of P.W.2 and brother-in-law of

P.W.1. PW.5 is the wife of P.W.4. P.W.12 is the sister of P.W.1 and

P.W.13 is the son of P.W.12. P.W.15 is a neighbor of the accused.

(ii) The deceased graduated in B.Com. However, he was doing

milk vending business. He used to leave his house at 06.00 a.m. every day

for procuring milk and return between 10.00 or 11.00 a.m. and similarly, in

the evening, he used to leave his house at 04.00 p.m. and return after the

business was over. As usual, on 13.02.2016 at about 04.00 p.m. the

deceased left the house and proceeded on his M80 motorcycle bearing TN

38 R 7537 with empty milk cans for procuring milk, but, he did not return

till 06.00 a.m. on 14.02.2016. Sometimes the deceased used to stay at his

maternal uncle's house after the business of the day was over and therefore,

he was thinking that he would have stayed at his maternal uncle's house.

On 14.02.2016 at 06.00a.m. his brother-in-law contacted him over phone

and informed that his son Sakthivel was found killed at the field of one

Natarajan of Thulakkankadu and asked him to come over there. He

immediately rushed to the spot where he found his son's dead body with

stab injuries. Immediately, he made a complaint (Ex.P.1) before

Vennandhur P.S. P.W.28, the Sub Inspector of Police, who was on duty on

14.02.2016 at 08.00 a.m. on receipt of the complaint from P.W.1 registered

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a case in Crime No.22 of 2016 for the alleged offences u/s 302 of IPC. He

forwarded the original FIR (Ex.P.16) to the jurisdictional Magistrate

through P.W.26-Head Constable and submitted the case file to the

Inspector of Police for investigation. Accordingly, P.W.26 handed over the

original FIR to the Judicial Magistrate, Rasipuram on 14.02.2016 itself.

(iii) P.W.30, the Inspector of Police took up the case on

14.02.2016 itself for investigation and summoned for scientific experts and

sniffer dog. He visite