IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

20.10.2021

Pronounced on

25/11/21

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE MS.JUSTICE R.N.MANJULA

Criminal Appeal No.815 of 2019

Kanu Mandal

...Appellant/A-2

Vs.

The State, Represented by

The Inspector of Police,

Villianur Police Station,

Puducherry.

Crime No.233/2011.

...Respondent/Complainant

PRAYER:This Criminal Appeal filed under Section 374 (2) Cr.P.C.,

against the conviction and sentence imposed upon the appellant

by the learned III Additional Sessions Judge, Puducherry passed

in S.C.No.34 of 2015 by a judgement dated 07.09.2017.

For Appellant : Mr.S.Doraisamy

For Respondent : Mr.V.Balamurugane

Additional Public Prosecutor

(Pondicherry)

JUDGMENT

R.N.MANJULA, J.

This Criminal Appeal has been preferred by the

Appellant/A-2 to set aside the conviction and sentence made in

S.C.No. 34/2015 on the file of the learned III Additional

Sessions Judge, Puducherry dated 07.09.2017, as tabulated

hereunder:

https://hcservices.ecourts.gov.in/hcservices/

Sl.No

Provision under

which convicted

Sentence

1

Section 302 IPC

r/w 34 IPC

Life Imprisonment and to pay a fine

of Rs.1,000/- in default to undergo

one year rigorous imprisonment.

2.

The facts of the case in brief are as follows:

The house of the deceased is situated opposite to Abirami

Leather Industry, K.S.Nagar, Thondamanatham, near Pathukannu

Junction Villiamur, Puducherry. On 12.07.2011 at about 01.30

hours, the second accused along with one Sadu Sardar and Pradip

Gosh (case against the other two accused has been already split

up in PRC.No.22/2015), in furtherance of common intention of

murdering the deceased murdered him by strangulation. Hence

they committed the offence under Section 302 r/w 34 IPC. On

receiving the complaint (Ex.P1) from PW.1/Vijayadass at about

9.00 hours on 12.07.2011, PW.15/Arumugham, Sub Inspector of

Police, Villianur Police Station has registered an FIR (Ex.P25)

in Cr.No.233/2011 under Section 302 r/w 34 IPC.

2.1.

P.W.16- Dr.S.Baskaran took up the investigation.

He went to the place of occurrence at 10.30 am and inspected the

place of occurrence and he prepared an Observation Mahazar

(Ex.P.26) and Rough Sketch (Ex.P.4) in the presence of the

witnesses. He collected the bloodstained mortar (M.O.2),

plain mortar (M.O.3) and shirt (M.O.1) from the place of

occurrence covered under Mahazar Ex.P.29. The body of the

deceased was kept in the Government Hospital Mortuary. He

enquired PW.1 and other witnesses and thereafter, he arrested

the accused at their residence and sent them for medical

examination. When he enquired A1 to A3 they gave confession

statements and the same was recorded in the presence of VAO and

one Sudhakar. Since the accused spoke in Hindi, their

statements were recorded after getting them translated into

Tamil by the translators.

2.2.

On the basis of their confession, the shirt and

pant of A-2 (M.O.5 and M.O.6) and the shirt and pant of A-3

(M.O.8) were recovered under Seizure Mahazar (Ex.P.33). After

sending the accused for remand, P.W.16 went to hospital and

conducted the Inquest on the body of the deceased in the

presence of panchayatars and prepared the Inquest Report

(Ex.P.34). Thereafter, he sent the body of the deceased for

postmortem. He caused the viscera to be sent to the forensic

lab for chemical examination. He enquired the witnesses and the

doctor who conducted the postmortem and collected the postmortem

certificate

(Ex.P.12).

He

enquired

the

photographer

https://hcservices.ecourts.gov.in/hcservices/

Selvaganapathy and other witnesses. After completing the

investigation, he filed the charge sheet against the accused for

the offence under Sec.302 r/w 34 IPC.

2.3.

After taking cognizance of the case, the lea