IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-11-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL A No. 140 of 2024 Sikkandar Mandal S/o. Sri Jahaadesh Mandal, Pathlukka Village, Barachatty, Gaya District. Bihar.

(Now Confined at Central prison, Coimbatore) Appellant(s)

Vs The State Rep By The Inspector of Police, Kangayam Police Station, Kangeyam, Crime no. 674/2017 Respondent(s)

PRAYER This Criminal Appeal filed under Section 374(2) of Cr.P.C. to call for the records pertaining to S.C.No.59 of 2018 on the file of The Learned Sessions Judge, Mahila Court (Fast Track Mahila court), Tiruppur and set aside the said conviction order dated 09.05.2022 For Appellant(s): M/s. S.Manoharan For Respondent(s): Mr. A.Damodaran, Addl. Public Prosecutor Ms.M.Arifa Thasneem

ORDER

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

Challenging the life imprisonment imposed under Section 302 IPC on 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 and the accused are husband and wife. They are migrant labourers and were residing in the house owned by P.W.1 on a monthly rent of Rs.300/-. The deceased was not willing to continue residing in Tamilnadu, and she persistently insisted the accused take her back to their native place. Due to this, frequent quarrel arose between them.

(ii) On 09.12.2017, at about 8.30 p.m., when P.W.1 was in his house, he heard a quarrel between the deceased and the accused. P.W.1 went to their house and tried to pacify them. At that time, the accused, holding the deceased by her neck, pushed her against the wall, causing her to sustain an injury on the right side of her head and she fell unconscious. On hearing the sound, the neighbours also came.

(iii) P.W.2, the father of P.W.1, immediately rushed to the spot on receiving the information from his son P.W.1 and saw that the deceased was taken to the hospital. P.W.4 also stated that there was a quarrel in the house of the accused and that he had seen the woman lying unconscious. Thereafter, P.W.1 called the ambulance and took the deceased to the Government Hospital at Kangayam, where she was declared dead. Subsequently, P.W.1 lodged a complaint(Ex.P.1).

(iv) Upon receiving the complaint, P.W.9, Sub-Inspector of Police, registered a case in Crime No.674 of 2017 for the offence under Section 302 IPC and prepared First Information Report(Ex.P.10). She forwarded the same to the jurisdictional Court, and the copy to the Investigation Officer.

(v) P.W.10, Inspector of Police,(in-charge), on receipt of the First Information Report, commenced the investigation, proceeded to the scene of occurrence, prepared the Observation Mahazar(Ex.P.2) and drew the Rough Sketch (Ex.P.11) in the presence of witnesses P.W.4 and one Palanisamy. He also recorded the statement of the witnesses.

(vi) P.W.11, Inspector of Police, took up the case for further investigation and on 14.12.2017, he conducted inquest on the body of the deceased in the presence of panchayatadars and prepared Inquest Report(Ex.P.14). Thereafter, he sent requisition for post-morterm through a constable.

(vii) P.W.8, Senior Assistant Professor, Kovai Government Medical College Hospital, after receiving the requisition, on 16.12.2017, conducted post-morterm on the body of the deceased and found the following external injuries:-

1. Nail mark of size 0.5 x 0.5 cm noted over right side of neck, 0.5 x

0.5 cm, 0.25 x0.25 c m, 0.25 x 0.25 cm noted over left side of neck.

2. Reddish abrasions 1 x 1 cm noted over back of right elbow, 2 x 1 cm noted over back of left elbow and 3 x 1 cm noted over right side of abdomen.

3. Reddish pressure abrasion 6 x 1 cm noted over left side of abdomen.

On dissection of scalp, skull and dura :- sub scalpal contusion 4 x

3 cm seen over left occipital region.

On dissection of Neck : Contusion of neck muscles 4 x 3 cm noted over left side of the nec