BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 30/10/2025 Date of Pronounced 18/11/2025 CORAM THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI Crl.A(MD)No.249 of 2022 State rep. By The Inspector of Police, Kulasekaram Circle, Kanniyakumari District. (Crime No.112 of 2021)

Through the Public Prosecutor Madras High Court, Madurai. : Appellant/Complainant Vs.

1.Singh @ Selva Singh

2.Manikandan : Respondent/A1 and A2 PRAYER: Criminal Appeal filed under Section 378 of the Criminal Procedure Code, to call for the records in SC No.85 of 2011, dated 31/01/2017 on the file of the Court of Session, Kanyakumari District at Nagercoil, set aside the same and convict the respondents/A1 and A2 in accordance with law.

For Appellant : Mr.T.Senthil Kumar Additional Public Prosecutor For 1st Respondent : Mr.T.Selvam, (Legal Aid Counsel)

For 2nd Respondent : Mr.P.Selvaraj for Mr.K.P.Narayanakumar

JUDGMENT

(Judgment of the Court was made by the Hon'ble P.VELMURUGAN J.

This criminal appeal is filed against the judgment of acquittal passed by the learned Sessions Judge, Court of Session, Kanyakumari District at Nagerecoil, in SC No.85 of 2011, dated 31/01/2017 and to set aside the same and consequently to convict the respondents/A1 and A2.

2.The case of the prosecution that on 11/04/2011, the deceased Saddam Hussain was standing in front of the Wine Shop at Thiruvattar- Kulasekaram Road. At that time, the first accused Singh @ Selva Singh went to buy Brandy from the Wine Shop. On seeing the deceased Saddam Hussain coming from the opposite direction towards him, the first accused shouted him who was standing there. Due to which, there was a wordy altercation between them. On seeing the same, PW1 to PW3 separated them. At that time, the first accused contacted some one on his mobile. Immediately, the second accused Manikandan came there with a bag containing knife and handed it over to the first accused stating that the person who had fought with you should not be left alive and kill him. The first accused took out the knife and stabbed the deceased. Thereafter, PW1 to PW3 called the deceased along with them to get into the auto rickshaw. When the deceased was getting into the auto rickshaw, the first accused with the knife, handed over by the second accused stabbed the deceased on his abdomen, chest, both side of the shoulders and behind the head. On seeing this, PW1 to PW3 shouted, so the accused 1 and 2 left the place immediately. The injured Saddam Hussain, who was bleeding profusely was taken in a vehicle to Issac Hospital at Marthandam, where he was given first aid treatment and thereafter, he was taken to NIMS Hospital, Thiruvananthapuram where after examination, the Doctor informed that the injured was already dead and from NIMS Hospital, the body was taken to Thiruvananthapuram Medical College Hospital and kept in the Mortuary.

3.Based on the complaint given by the de-facto complainant, the Kulasekharam Police registered a case in Crime No.112 of 2011 for the offences punishable under Sections 341 and 302 IPC against the accused. On completion of the investigation, the Police laid a charge sheet before the learned Judicial Magistrate, Padmanabhapuram and the same was taken on file as PRC No.12 of 2011. After completing the formalities, since the offences are triable exclusively by the Court of Session, the case was committed to the Sessions Judge, Court of Session, Kanyakumari District at Nagercoil and it was taken on file as SC No.85 of 2011, for disposal.

4.After completing the formalities, since there were prima facie materials to frame charges against the respondents/A1 and A2, the learned Sessions Judge, Kanyakumari District at Nagercoil, framed the charges against A1 for the offences punishable under Sections 341 and 302 r/w 34 IPC and against A2 for the offence punishable under Section 302 r/w 34 IPC.

5.In order to prove the charges against the accused, on the side of the prosecution, 16 witn