Advocates:
['m/s k baalasundaram', '', 'R PARANJOTJI', '', 'PUBLIC PROSECUTOR']

Crl.A.(MD)No.132 of 2019

BAIL SLIP

The Appellant/Sole Accused Jeyaprakash, S/o.Kannan was directed to

be released on bail as per order of this Court dated 04.06.2019 made

in CRL MP(MD).3059 of 2019 in CRL A(MD).132 of 2019.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 01.03.2022

DELIVERED ON : 10.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

Crl.A.(MD)No.132 of 2019

Jeyaprakash

...Appellant / Sole Accused

Vs.

The State, rep. by

The Inspector of Police,

Thenkarai Police Station,

Theni District.

(Crime No.107 of 2017)

... Respondent / Complainant.

PRAYER:

Criminal Appeal filed under Section 374(2) of Cr.P.C.

against the judgment of conviction and sentence passed by the

learned Additional District and Sessions Court, Theni @ Periyakulam

made in S.C.No.145 of 2017 dated 21.12.2018.

For Appellant : Mr.M.Karunanithi

for Mr.K.Baalasundaram

For Respondent: Mr.A.Thiruvadi Kumar,

Additional Public Prosecutor.

JUDGMENT

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR, J.

This Criminal Appeal has been filed by the appellant / sole

accused as against the conviction and sentence, dated 21.12.2018,

made in S.C.No.145 of 2017, by the learned Additional District and

Sessions Judge, Theni @ Periyakulam.

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

(i) The deceased Kannieswari is the wife of P.W.8. P.W.8

and his wife were working under P.W.1 in his land and the accused is

working in the neighbouring land and he become acquainted with

P.W.8 and used to take him to fix snare to catch jungle fowl. On

1/8

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

Crl.A.(MD)No.132 of 2019

the date of occurrence, the accused asked P.W.8 to check the snare.

After P.W.8 went to his regular work, when he came back at about

4.00 p.m., he found his wife dead inside the house and P.W.1

immediately was under the impression that she was killed by

carnivore and therefore, informed the same to P.W.6 Forest Range

Officer. P.W.6 came to the place of occurrence at 5.15 p.m and on

seeing the injuries in the dead body ruled out wild animal attack.

P.W.8 informed P.W.1 about the death of his wife. P.W.1 is the

land owner where P.W.8 is working. On hearing the news about the

death of the deceased, P.W.1 rushed to his land and found the dead

body and informed the Forest Officials. Thereafter, P.W.1 lodged a

report - Ex.P.1 before P.W.20-The Special Sub-Inspector of

Police, Thenkarai Police Station.

(ii) P.W.20 registered the crime in Crime No.107 of 2017

under Section 302 IPC. and forwarded the complaint and First

Information Report to the Judicial Magistrate Court, Periyakulam,

through P.W.14 and he has handed over the same to the learned

Judicial Magistrate, Periyakulam at 1.30. a.m. on 09.02.2017.

P.W.20 went to the place of occurrence and sent the dead body to

hospital for post-mortem.

(iii) P.W.21, Inspector of Police/ Investigation Officer

took up the case for investigation, went to the place of occurrence

and prepared the Observation Mahazar-Ex.P.5 and rough sketch-

Ex.P.11. He also collected bloodstained earth in the presence of

P.W.11 and other witnesses and also sent a communication to the

sniffer dog squad. Thereafter, he conducted an inquest over the

dead body in the hospital and prepared an inquest report Ex.P.12.

He also collected the blood-stained clothes from the dead body.

P.W.2 and P.W.3 after hearing the news about the death of the

deceased rushed to the spot and found the dead body.

(iv) When the matter stood thus, on 09.02.2017, while

P.W.4-VAO was in office at about 2.00 p.m., the accused appeared

before her and gave a confession narrating the killing of the

deceased stating that he had an eye over the deceased. When he

attempted to have sex with her, she refused and raised alarm.

Therefore, he caused cut inj