BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.A(MD)No.499 of 2022 Ramachandran ... Appellant/Sole Accused vs.

State represented by The Inspector of Police, Natham Police Station, Dindigul District.

In Crime No.130/2016 ... Respondent/Complainant Prayer:-This Criminal Appeal is filed under Section 374(2) of Criminal Procedure Code, to call for the records relating to the judgment in S.C.No.84/2017 dated 11.07.2022 on the file of the Additional District and Sessions Judge, Dindigul, and set aside the same and acquit the appellant/accused from the charge levelled against him.

For Appellant : Mr.R.Venkateswaran For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor

J U D G M E N T

(Judgment of the Court was made by P.VELMURUAN, J.

This Criminal Appeal has been filed to call for the records relating to the judgment in S.C.No.84/2017 dated 11.07.2022 on the file of the Additional District and Sessions Judge, Dindigul, and set aside the same and acquit the appellant/sole accused from the charge levelled against him.

2. The case of the prosecution is that the deceased Rajendran and the accused Ramachandran are neighbours. There was a previous dispute between them with regard to plucking of tamarind fruits from the tamarind tree stands in the house of the accused. On 25.03.2016, the accused through coolie labourers collected the tamarind fruits which fallen down from the tamarind tree stands in front of the house of the deceased, during which, there was heated argument between the deceased and the accused, whereby, the accused abused the deceased. In continuation of the said incident, on 25.03.2016 at 10.30 a.m., when the deceased was herding goats in the mud road leading to a Crusher of one Manivasagam situated on the west of Thondapuri on Manakkatur – Sendurai road, Natham Taluk, the accused armed with a knife, waylaid him, scolded the deceased and stabbed him with a knife on his right and left chest, backside, left thigh, lower jaw and ribs repeatedly. The son-in-law of the deceased/PW1 who followed the deceased from behind at the time of occurrence attempted to catch the accused, however, the accused fled away from the scene of occurrence. Immediately thereafter, the deceased was taken to the Government Hospital, Natham, where he was declared dead. On the complaint-Ex.P1 given by PW1, the respondent/police registered a case in Crime No. 130/2016 for the offences under Sections 341, 294(b) and 302 of IPC against the appellant. After investigation, the respondent/police laid a charge sheet before the District Munsif cum Judicial Magistrate Court, Natham, and the same was taken on file in PRC.No.10 of 2016. After completing the formalities, the learned Magistrate committed the case to the Court of Session, since the offences are exclusively triable by the Court of Session. The Principal District & Sessions Court, Dindigul, took the case on file in S.C.No.84 of 2017 and made over the case to the Additional District and Sessions Court, Dindigul, which framed the charges for the commission of offences under Sections 341, 294(b) and 302 of IPC. In order to substantiate the case during trial, on the side of the prosecution, totally 17 witnesses were examined as PW1 to PW17 and 22 documents were marked as Exs.P1 to Ex.P22, besides 7 material objects were exhibited as MO1 to MO7. On the side of the defence, two witnesses were examined as DW1 and DW2 and 2 documents were marked as Exs.D1 and D2.

3. After completion of the evidence of the prosecution side witnesses, the accused/appellant was questioned under Section 313(1)(b) Cr.P.C with regard to incriminating circumstances made out against him in the evidence rendered by the prosecution witnesses and he denied it as false. On conclusion of the trial and hearing of the arguments on either side, the trial Court acquitted the accused from the charges under Sections 341 and 2