IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2022

CORAM:

THE HON'BLE MS.JUSTICE R.N.MANJULA

CRL.A.NO.230 OF 2018

1) Durai

2) Parimala

... Appellants /

Accused 1 & 2

versus

State of Tamil Nadu

Represented by Inspector of Police,

Kanjanoor Police Station,

Crime No.109/2015

Villupuram District.

... Respondent

PRAYER:

Criminal Appeal filed under section 374 of the Criminal

Procedure Code, against the order of conviction passed by the

learned Court of Sessions Judge, Magalir Neethimandram, (Fast

Track Court), Villupuram in S.C.No.11 of 2016 dated 08.03.2018.

For Appellants : Dr.S.Manoharan

For Respondent : Mr.A.Gopinath,

Government Advocate (Crl. side)

J U D G M E N T

This Criminal Appeal has been preferred challenging the

judgment of the learned Court of Sessions Judge, Magalir

Neethimandram, (Fast Track Court), Villupuram in S.C.No.11 of

2016, dated 08.03.2018, convicting the first appellant under

Sections 326 and 304(1) of the Indian Penal Code (hereinafter

referred to as 'I.P.C.') and the second appellant under Section

326 of I.P.C.

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

2. The appellants herein, were the first and second accused

before the Trial Court. The case of the prosecution is that, on

13.07.2015 at about 6:30 p.m., when P.W.1/ Ananth was returning

from Nemmur through Mathakoil street and when he was coming near

the water pipe behind the house of one Iruthayam, the sister of

the first accused, namely Rosy intercepted P.W.1 and queried

about the misunderstanding and fight that existed between the

said P.W.1 and the first accused. At that time, the first

accused, who was inside his house came with an iron rod and

picked up a quarrel with him by stating that how could P.W.1

talk to his sister Rosy, when he had refused to do business with

him. By stating so, he attacked P.W.1 with iron rod on his right

eye, left ear, left and right knees, nose and on his right hand.

At that time, the aunt of P.W.1, Rahini came for his rescue and

to prevent the quarrel between them. But the first accused

attacked Rahini with the same iron rod on the backside of her

head. At that time, the wife of the first accused, who is the

second accused herein, took a wooden log and pushed Rahini down

and attacked her with the wooden log and as a result of which

Rahini succumbed to the injuries. Hence, the 1st and 2nd accused

have been charged for the offence under Sections 341, 294(b),

326 & 302 of I.P.C.

3. On the same day itself i.e., on 13.07.2015, at about

21:30 hours, a complaint was given by P.W.1 and the Sub

Inspector of Police, Kanjanur Police Station registered a case

in Crime No.109 of 2015 under Sections 294(b), 341, 324, 323 &

302 of I.P.C. and prepared the F.I.R. (Ex.P.12). Then, the

Circle Inspector of Police, Kanjanur Police Station (P.W.12)

took up the case for investigation on 14.07.2015. He went to the

place of occurrence and prepared the Observation Mahazar

(E.x.P.2), rough sketch (Ex.P.13) in the presence of one Bala

(P.W.10) and one Karnan (P.W.7). Thereafter, P.W.12 went to

Mundiyampakkam Government Hospital and conducted the inquest

over the body of the deceased in the presence of the witnesses,

namely P.Ws 1 to 6 and prepared the inquest report (Ex.P.14). He

arrested the 1st and 2nd accused on the same day near

Arasalapuram Madha Koil and recorded the confession statement

given by the first accused in the presence of one

Mr.Sundaramoorthi, Village Administrative Officer, (P.W.9) and

the Village Assistant, namely Sakthivel. The admissible portion

of the confession statement of the first accused has been marked

as Ex.P.16.

4. In pursuance of the confession of the first accused,

P.W.12 recovered the material objects (M.O. 1 & 2) in the

presence of P.W.9 and the Village Assistant covered under the

https://hcservi