MADRAS HIGH COURT
Judge Name, J
M. Udayakumar v. State
Criminal Appeal|S.C.No.50 of 2014
| Table of Content |
|---|
| 1. description of the appeal and background of prosecution. (Para 1 , 2) |
| 2. arguments regarding the legitimacy of the charges and prosecution's narrative. (Para 4 , 5) |
| 3. critical examination of evidence and questioning of witness credibility. (Para 6 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. judicial reasoning in redefining the nature of the charged offenses. (Para 14 , 15) |
| 5. final adjudication and decision regarding the trial court's findings. (Para 16 , 18) |
1. This appeal has been filed by the appellants / A1 to A3 as against the conviction and sentence, dated 15.12.2020, made in S.C.No.50 of 2014, by the Mahila Court (Session Fast Track) Theni.
2. The appellants / A1 to A3 stood convicted and sentenced to undergo imprisonment as detailed hereunder: (Tabular matter omitted....Ed))
3. The brief facts of the prosecution is as follows:
(i) The deceased is the mother of P.W.l. P.W.2 is the wife of P.W.l. P.W.3 and P.W.4 are the daughters of P.W.l and P.W.2. P.W.5 is the son of P.W.l and P.W.2. P.W.7 is the brother of P.W.l. A1 and A2 are brothers and A3 is their father. The accused and the deceased are residing in the same village in the opposite houses. In the year 2011, when P.W.3 went to the school, A1 eve - teased her. Hence, a police complaint was given against A1 and he was arrested for allegation of molesting P.W.3. Due to such arrest, the accused developed enmity against the deceased's family. In the meanwhile, P.W.l and P.W.2 arranged marriage for P.W.3 and prior to the marriage, when they were about to put up a panthal in front of their house, the accused heaped crushed stone and sand in front of the deceased's house. When the same was questioned by the deceased, A1 came with aruval - M.O. 1 and cut the deceased on the right hand and also chest, A2 came with crowbar - M.O.3 and caused injury on the back of the deceased and A3 carried aruval - M.O.2 and attacked P.W.2 on the forehead and left shoulder. As a result, the deceased succumbed to the injuries in the house itself. P.W. 1 to P.W.7 are the eyewitness to the occurrence. Immediately, P.W.l with the help of P.W.l5, lodged a complaint - Ex.Pl to P.W.21 - Sub Inspector of Police, who registered a case in Crime No.322 of 2012 under S.302 and S.307 IPC under Ex.P20 - FIR and forwarded the FIR to the Court and copy to the superior officer.
(ii) P.W.l 9 - Medical Officer attached to the Government Hospital, Sivagangai, admitted P.W.2 and noted 6 x 3 x 2 cm laceration on the left forehead and lOx 10x6 cm laceration on the left shoulder and he issued Ex.P. 19. Before P.W. 19, P.W.2 stated that she was attacked by a known person.
(iii) P.W.23, after receipt of FIR, commenced investigation, went to the place of occurrence, prepared observation mahazar - Ex.P14 in the presence of P.W.14, drew a rough sketch - Ex.P23, collected blood stained cement concrete and ordinary cement concrete from the place of occurrence, conducted inquest over the dead body, prepared inquest report - Ex.P.24 and forwarded the dead body to the hospital for autopsy. P.W.22 - Doctor conducted autopsy and found the following injuries:
l. An oblique cut injury size 11 cms x 6 cms x cavity depth, seen over the right chest 1cm above right nipple. Margins were regular. Both end were pointed with the surrounding bruise injuring the underlying muscles, vessels and nerves.
On dissection of the chest: - Fracture of ribs 3, 4 and 6 on right side was cut through and through with surrounding bruise injuring the underlying muscles, vessels and nerves, right lung. An oblique cut injury size 8 cms x 4 cms x 3 cms seen over the right lung in its lower aspect. Pleural cavity contained 1000ml of blood with clots.
2. An oblique cut injury size 3 cms x 2cms x 1 cm seen over the back of the right elbow joint. Margins were regular. Both end were pointed with the surrounding bruise injuring the underlying muscles, vessels and nerves.
3. Red coloured contusion of size 5cms x 3 cms seen over the centre of the back.
4. Red coloured
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