The collective eyewitness and medical evidence substantiated the conviction for murder, confirming that inquiries into the eyewitness credibility did not weaken the prosecution's case.

JUDGMENT :

(delivered by M.Jothiraman, J.)

Challenging the judgment dated 07.08.2019 passed in S.C.No.183 of 2010 on the file of the Additional District and Sessions Court, Chengalpattu, the appellant/accused has preferred the above appeal.

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

2.1 PW1—Sakthidoss, who is the son of the deceased Chinnappan, deposed that he knew the appellant/accused; on 21.07.2009 around 8.45 p.m. he and his father were returning from Chennai after visiting his brother; since his father is a priest in the temple, they purchased provision material for the temple and returning to their home; he was on the phone, while following his father; near Cheyyur–Pavunjur road in front of Manivannan land, he (PW1) saw the appellant/accused quarreling with his father, during which, the appellant/accused assaulted his father on his right side ear using palmyra stalk (M.O.1); when the same was questioned by him, the appellant/accused tried to attack him using velikathan stick (M.O.2); again the appellant/accused attacked his father with velikathan stick (M.O.2); when he (PW1) shouted, the appellant/accused ran away from the scene of occurrence; PWs.4, 5 and 6 came to the scene of occurrence; PWs.10 and 11 took his father to Cheyyur Government Hospital in an auto; he informed the occurrence to his brother PW2; after giving the first aid treatment in Cheyyur Government Hospital, the doctor referred his father for further treatment to Chengalpattu Government Medical College Hospital and so, his father was taken to Chengalpattu Government Medical College Hospital in a TATA sumo vehicle, where, he was declared ‘brought dead’ and kept his body in the mortuary; thereafter, he (PW1) lodged the complaint (Ex.P1).

2.2 PW2—Arul Murugan, who is also the son of Chinnappan, deposed that he received information from PW1 that his father was dead and rushed to Chengalpattu Government Medical College Hospital.

2.3 PW3—Senthil Murugan, deposed that on 21.07.2009 between 8.30 p.m. and 9.00 p.m., he went to his agricultural land; at that time, he saw the appellant/accused assaulting Chinnappan on his right side ear with palmyra stalk (M.O.1); PW1 shouted and asked the appellant/accused not to beat Chinnappan, for which, the appellant/accused threatened him by showing velikathan stick (M.O.2); at that time, PW4 and one Nagarathinam also came there in TVS-50 motorcycle; since the appellant/accused was already involved in the murder of a police officer, they frightened and fled from the place; thereafter, the appellant/accused escaped through the thorny bushes.

2.4 PW4—Ramu, deposed that on 24.07.2009 around 3.00 p.m.when he was proceeding towards North Cheyyur along with one Nagarathinam, near Cheyyur–Pavunjur road, the police enquired the appellant/accused; on enquiry, the appellant/accused voluntarily gave confession statement and the same was recorded by the police in his (PW4’s) presence; in his confession statement, the appellant/accused stated that if they took him to the place of occurrence, he will identify the material objects, which were concealed by him; the admissible portion of the confession statement of the appellant/accused was marked as Ex.P2; thereafter, the Inspector of Police took the appellant/accused to a place, from where, the appellant/accused identified palmyra stalk (M.O.1) and velikathan stick (M.O.2) and handed over the same to the police and the police seized the same under the mahazar (Ex.P3), in which, he signed as a witness.

2.5 PW5—Arun, deposed that on 21.07.2009 between 8.30 p.m.and 8.45 p.m., while he was proceeding to his house in a two wheeler, near Cheyyur–Pavunjur road, he saw that Chinnappan was lying in a pool of blood