JUDGMENT

DR.G.JAYACHANDRAN,J.

AND SUNDER MOHAN,J.

The appeal preferred by the sole accused, who was found guilty for an offence under Sections 302 and 307 of IPC for causing death of one Shanmugathai stabing her to death and attempt to murder her husband Vellaichamy.

2. The brief facts of the case is unravel through the prosecution witness is that, on 01.11.2009 at about 2.15 p.m., while Shanmugathai (since deceased) and her husband Vellaichamy (P.W.3) were talking in the Varanda of their house, the appellant Alaguraja herein picked quarrel with them and then went to his house, came with knife and stabbed Shanmugathai as well as Vellaichamy. Shanmugathai died on her way to hospital. Vellaichamy (P.W.3) survived from the attack after being treated for 28 days as inpatient. The neighbours, P.W.1(Anthony Raj @ Anthony Muniraj), the tea shop owner and others came to the spot, they over powered the accused and detained him. Thereafter informed the police, who registered the case arrested the accused and took up the investigation. The accused was remanded to judicial custody.

3. Ex.P1, the complaint was initiated by P.W.1 Anthony raj @

Anthony Muniraj a tea shop owner. According to him, he saw the accused stabbing P.W.3 with knife, when he called the deceased for help, she said she was also stabbed and fell on the ground. P.W.1 produced the knife to the police station along with the complaint. Based on the statement given by P.W.1, P.W.14-Vellaipandian Sub-Inspector of Police has registered a FIR (Ex.P9) at about 04.00 p.m., and forwarded it to the concerned Judicial Magistrate on the same day at 06.00 p.m., 4. On completion of investigation, the Final Report was filed by the respondent police. The learned Judicial Magistrate taken it on file assigning P.R.C.No.9/2010. After furnishing the copies to the accused, committed it to the Sessions Court, Virudhunagar. The case was made over to the Fast Track Mahalir Court, Virudhunagar. Charges under Sections 302 and 307 IPC framed against the accused. The accused denied the charges and claimed to be tried.

5. To substantiate the charges, the prosecution has examined 16 witnesses, marked 14 exhibits and two Material Objects. On behalf of the defence, Accident Register of the deceased Shanmugathai was marked as Ex.D1.

6. P.W.1 (Anthonyraj @ Anthony Muniraj) has given a statement Ex.P.1 and set the criminal law into motion. He has spoken about the overt act of the accused causing fatal injury to the Shanmugathai and grievous injury to Vellaichamy.

7. P.W.2(Christhuraj @ Raja) is the neighbour, who came to the spot on hearing the commotions and he is the person who disarmed the accused using a stick and apprehend him.

8. P.W.3 (Vellaichamy) husband of the deceased Shanmugathai also an injured in the melee, sustained stab injury at the hands of the accused. The wound certificate is Ex.P7. Dr.Chitra (P.W.12) who treated him has deposed that P.W.3 has sustained stab injuries in his stomach and back. The front stab has pierced his lungs. The back stab has pierced his large intestine.

9. P.W.4 (Arokiamary) sister of Shanmugathai (since deceased)

another witness to the occurance, who corroborates rest of the eye witnesses about the occurence.

10. P.W.5 Rani and P.W.6 Amutha are the neighbouring residents who claims to be an eye witnesses to the occurrence and they have deposed about what they saw on the date of occurrence in corroboration with each other. P.W.7 (son of the deceased Shanmugathai) and P.W.3 Vellaichamy who corroborates the evidence of P.Ws.5,6 & 7.

11. P.W.8 and P.W.9 are signatories to the Observation Mahazar but they did not support the case of the prosecution. Hence, they were treated as hostile witnesses. Other witnesses, who are the official witnesses, namely, forensic expert, doctors and investigating officers.

12. The learned counsel appearing for the appellant questioned the verdict on three grounds.

(i) According to him, P.W.1 cannot be a witness to the occurrence. Referring the rough ske