Bail Slip.

The Appellant/Accused namely R. Thiyagu was directed to be

released on bail as per this court order dated 11.04.2012 in

M.P.1/2012 in Crl.A. 210/2012.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN

CRL.A.210 of 2012

R.Thiyagu

... Appellant

Vs

The State rep. by

The Inspector of Police,

B5, Singanallur Police Station,

Coimbatore District.

in Crime No.870 of 2010

... Respondent

Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C.,

against the judgment passed by the learned Principal Sessions

Judge, Coimbatore in S.C.No.133 of 2011 dated 19.01.2012, in

which the appellant was convicted and sentenced to undergo seven

years Rigorous Imprisonment for the offence under Section 304

(ii) IPC.

For Appellant

: Mr.M.Vijayakumaran

For Respondent : Ms.T.P.Savitha

Government Advocate (Crl.Side)

J U D G M E N T

The appeal is directed as against the judgment dated

19.01.2012, passed by the learned Principal Sessions Judge,

Coimbatore in S.C.No.133 of 2011. The appellant herein is the

sole accused. Initially, in the trial court, during the time of

framing charges, the offence under Section 302 IPC had been

framed against the accused. Thereafter, after concluding the

trial, the learned Principal Session Judge, Coimbatore came to

the conclusion that the appellant is found guilty for the

offence under Section 304(ii) IPC and sentenced him to undergo

Rigorous Imprisonment for seven years. Against which, now the

appellant approached this Court by way of criminal appeal,

prayed to set aside the convictions and sentence.

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

2. The case of the prosecution is as follows :- P.W.1

Meenakshi is the wife of the deceased; P.W.2 Mayilsamy is the

cousin brother of the deceased and P.W.3 Pappammal is the cousin

sister of the deceased. P.W.1 and P.W.2 are residing at C.M.C.

colony, Uppilipalayman. On the date of occurrence i.e,

09.06.2010 at about 5.00 p.m., the deceased along with P.W.1 to

P.W.3, proceeded towards temple in order to celebrate the

festival. On the way to the temple, the appellant herein

indulging in eve-teasing. After seeing the said incident, the

deceased Raman questioned the same as whether the

appellant/accused has sisters or not. Thereby, the appellant

provoked and picked up the material object M.O.1, wooden log and

assaulted the deceased on his back side of the head. After the

assault made by the appellant, the deceased fell down in the

ground in a faint. Further, at the time of leaving from the

scene of occurrence, the appellant threatened the P.W.1, by

saying that if any complaint preferred to the police, he would

kill her husband and daughter. On hearing the crying of P.W.1,

P.W.4 and P.W.5 came to the scene of occurrence and make

arrangements for sending the deceased to the Coimbatore Medical

College Hospital in an Auto rickshaw. P.W.1 is accompanied with

the deceased at the time of taking treatment in Government

Hospital, Coimbatore.

2.1. In the Government Hospital, Coimbatore, the

deceased was treated as out patient. So the deceased returned to

his home. However, at the night hours, he suffered from head

ache and sleeplessness. Therefore, on the next day on

10.06.2006, P.W.1 took the deceased to the Ramvel Hospital. In

the Ramvel hospital, the deceased took treatment for two days.

Thereafter, the Doctor attached with the said hospital advised

P.W.1 for taking scan and other clinical examination. Since the

deceased did not recover from his illness till 13.06.2010, P.W.1

admitted the deceased, in G.R. Hospital situated at

Udauampalayam. On 13.06.2010 at about 9.35 a.m., P.W.1 informed

the occurrence to P.W.8-Dr.Ramanathan, that the alleged

occurrence was happened on 09.06.2010 between 4.00 p.m., to 5.00

p.m. In the G.R Hospital, the deceased was