IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-11-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL A No. 287 of 2025 Gurusamy @ Pandi Appellant(s)

Vs State Represented By

1. The Deputy Superintendent of Police, Kottakuppam Sub Division, Villupuram District.

2. Inspector of Police, Aurovile Police Station, Villupuram District, Crime No.6 of 2017

3. Saminathan Respondent(s)

Prayer This Criminal Appeal has been filed under Section 415 of BNSS to set aside the judgment of conviction and sentence delivered by the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act 1989, Villupuram in Spl.S.C.No.11 of 2020 dated 22.11.2024.

For Appellant(s): Mr. R. Thamaraiselvan for Mr. S.Kasirajan For Respondent(s): Mr. A.Damodaran, Addl. Public Prosecutor Assisted by Ms.M.Asifa Jhasneem for R1 And R2

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

Challenging the life imprisonment imposed under Section 302 IPC, the appellant, who is the sole accused before the Trial Court, has filed the present appeal.

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

The deceased Marisamy and the accused were working as drivers in a lorry bearing No. TN-28-AR-1816. On 22.12.2016, they loaded the glass frames from Sriperumbathu in four lorries and proceeded to Gujarat, Chakada and delivered the glass frames on 24.12.2016 in Patanur ARC Lorry Shed and received Rs.15,000/- as advance. On 02.01.2017, while returning, the deceased had taken Rs.2000/- from the said advance amount and when questioned by the accused, a quarrel arose between them. It is alleged that the accused abused the deceased by uttering his caste name, which resulted in a quarrel and the defacto complainant Saminathan and others pacified them.

(ii) On the same day, at about 10.30 p.m., the accused went in the said lorry for purchasing Pepsi. When the deceased questioned him about the same, another quarrel ensued, during which the accused took an iron rod and attacked the deceased, who thereafter succumbed to the injuries.

(iii) P.W.1, who was also the driver of another lorry. He sent the injured deceased to JIPMER Hospital and lodged the complaint statement (Ex.P.12)

before the respondent police and his signature is marked as Ex.P.1.

(iv) Upon receiving the complaint, P.W.30, Inspector of Police, registered a case in Crime No.6 of 2017 for the offence under Section 302 IPC and prepared First Information Report(Ex.P.13) and forwarded the same to the jurisdictional Court. Thereafter, he commenced the investigation and proceeded to the scene of occurrence and prepared Observation Mahazar (Ex.P.6) and Rough Sketch (Ex.P.14) in the presence of P.W.20, Jegadeesan and one Deivasigamani. He has also seized blood stained soil(.M.O.1) and soil without blood stain(M.O.2) under Ex.P.7, Seizure Mahazar in the presence of the same witnesses. He has also recorded the statement of the witnesses. Then, he has conducted inquest on the body of the deceased in the presence of panchayatadars and prepared Inquest Report(Ex.P.15). Thereafter, he sent a requisition letter for post-morterm through a Head Constable.

(vi) P.W.23, Professor in the Department of Forensic Medicine and Toxicology, attached to the JIPMER Hospital, Puducherry, after receiving the requisition, on 03.01.2017, conducted post-morterm on the body of the deceased and found the following external injuries:-

“ a. Lacerated would of size 1 x 0.5 cm x scalp deep present over the right parieto -occipital region, 4 cm below the right parietal eminence.

b) Fracture dislocation of all 4 incisors andl left canine of lawer jaw.

c) Inverted ‘L’ shaped lacerated would of size 5 x 0.5 cm x mandible bone deep present over the mid-portion of the chin.

d) Multiple scratch abrasions of varying shapes and sizes ranging from 0.3 x 0.2 cm to 0.6 x 0.2 cm present over an area of size 4 x 4 cm over the right side fro