IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.11.2025 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Crl.A.No.437 of 2019 V.Vinodh ... Appellant/Accused -vs-

State By:

The Inspector of Police, Maduravoyal Police Station, Chennai.

(Crime No.677 of 2015) ... Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374 of Cr.P.C. to call for the records and set aside the conviction and sentence imposed against the appellant on 05.03.2019, in S.C.No.126 of 2016, on the file of the III Additional Sessions Court, Thiruvallur, Poonamallee and acquit the appellant.

For Appellant : Mr.P.Pugalenthi For Respondent : Mr.A.Damodaran Addl. Public Prosecutor Assisted by Ms.M.Arifa Thasneem Advocate *****

J U D G M E N T

(By N.Sathish Kumar, J.)

This appeal arises against the judgment of the learned III Additional Sessions Judge, Thiruvallur at Poonamallee, passed in S.C.No.126 of 2016, dated 05.03.2019.

2.Brief Facts of the Prosecution case are as follows:

The deceased is the father of PW1, husband of PW3 and father-in-law of PW2. As the deceased was not well, he was not going for a job and staying in his house. In the evening hours, after having dinner, he used to go for a small stroll. On 21.06.2015, after dinner, as usual the deceased went for a stroll and did not return till 11.15 p.m. Therefore, PW3 informed PW1 and PW2 that the deceased had not reached the house. PW1, who is the son of the deceased and PW2, who is the son-in-law of the deceased, finding that the deceased had not reached the home, they went in search of the deceased in a two wheeler. When they were reaching near MMDA water tank, they found the accused and the deceased quarreling with each other and the accused punching the deceased on his face. As a result, the deceased fell down, immediately, the accused smashed the head of the deceased with MO1 stone. Immediately, PW1 rushed to the police station and Ex.P1 police complaint came to be filed. The deceased had informed PW3 his wife that the accused had demanded money from the deceased for buying liquor and the same had been refused by the deceased, for which he threatened him. PW19, Inspector of Police received Ex.P1 complaint and registered FIR against the accused. PW19 went to the place of occurrence and prepared observation Mahazar Ex.P2 and Ex.P17 Rough sketch in the presence of PW8 and thereafter, in the presence of the panchayatars conducted inquest over the dead body and prepared inquest report Ex.P18 and also collected blood stains on the head of the deceased and sent the dead body to the hospital through PW13, Head Constable with a request for conducting Postmortem. PW17, Medical Officer attached to the Kilpauk Government Hospital conducted autopsy of the deceased and found the following external injuries:

I) LACERATIONS:

(a) 7x3-2cm x Bone deep over the left side of forehead.

(b) 5x3 cm x Bone deep over right side of forehead.

(c) 2x1cmx Bone deep over right side of chin.

(d) 4x3x0.2cm over right ear.

(e)3x2x0.5cm behind the left ear.

2.1.The Medical Officer issued Ex.P13, Postmortem certificate and opined that the deceased died due to the crush injury in the head. PW19, Inspector of Police, in continuation of investigation and on information, arrested the accused on 22.06.2015 in the presence of PW9 and PW14 and recorded the confession of the accused. The admission portion of the confession is marked as Ex.P19. Pursuant to the same, he seized the MO4 blood stained Jeans Pant under Ex.P9 Mahazar and forwarded the material object to the Court for being placed under judicial custody. After forwarding all the material objects to the Court, with a request to forward the same to the forensic department, he has completed the investigation and laid the final report against the accused under Section 302 IPC. In the meanwhile, PW18 a Medical Officer attached to the Egmore Hospital has examined the accused on 22.06.2015 and the accused had stated that he fell down an