Crl.A.(MD)No.262 of 2019

BAIL SLIP

Appellant/Single Accused namely Arumugam was released on

Bail as per order of this Court dated 24.06.2019 made in CRL.MP(MD)

No.5275 of 2019 in CRL.A(MD)No.262 of 2019.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 15.03.2022

DELIVERED ON : 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

Crl.A.(MD)No.262 of 2019

Arumugam

... Appellant /Single Accused

Vs.

State rep. by

The Inspector of Police,

Samayanallur Police Station,

Madurai District,

(In Cr.No.138/2013.)

... Respondent / Complainant

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

call for the records relating to the judgment passed in

S.C.No.367/2017, dated 21.02.2019, on the file of the learned I

Additional District and Sessions Judge, Madurai and set aside the

same and acquit the appellant/accused from the charges leveled

against him and allow the appeal.

For Appellant : Mr.K.Govindarajan

for Mr.R.Venkateswaran

For Respondent : Mr.A.Thiruvadikumar

Additional Public Prosecutor.

JUDGMENT

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR, J.

This appeal has been filed by the appellant / sole accused

as against the conviction and sentence, dated 21.02.2019, passed in

S.C.No.367 of 2017, by the learned I Additional District and

Sessions Judge, Madurai.

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Crl.A.(MD)No.262 of 2019

2. The appellant/sole accused stood convicted and sentenced to

undergo imprisonment, as detailed hereunder:

Conviction

U/s.

Sentence

Fine amount

Accused 302 IPC

To

undergo

Life

Imprisonment

To pay a fine of

Rs.10,000/-,

in

default, to undergo

one

year

simple

imprisonment.

201 IPC

To undergo 5

years

Rigorous

Imprisonment

To pay a fine of

Rs.5,000/-,

in

default, to undergo 6

months

simple

imprisonment.

(Both the sentences were directed to run concurrently.)

3. The brief facts of the prosecution is as follows:

(i) The deceased is the brother-in-law of the accused. The

accused married the sister of the deceased. P.W.2 is the sister of

the accused. There was a marital discard between the in-laws of the

accused i.e., parents of the deceased. The accused was under the

impression that the deceased was the root cause for such separation,

he tried to reunite the family. However, the deceased threatened

his brother-in-law, namely, the accused herein with dire

consequences. Besides, he has also threatened his mother, namely,

sister of the accused. In view of such happening in the family,

there arose the enmity between the accused and the deceased. In

order to eliminate the deceased, the accused under the pretext of

calling him to his house took him to his old house situated in

Middle Street in the guise of cleaning the motorcycle bearing

Registration No.TN-59-K-8429. The accused has caused serious stab

injuries on the back neck, shoulder, left hip, waist and stomach

repeatedly and other parts of the body. As a result, the deceased

succumbed to the injuries on the spot. Not stopping with that, in

order to conceal the crime, the accused put the dead body in the

Septic tank situated in front of his house. The law was set in

motion on the basis of the complaint given by the father of the

deceased.

(ii) When the investigation was commenced, the accused fearing

arrest appeared before P.W.13-Village Administrative Officer and

gave an Extra-Judicial Confession statement narrating the the

manner in which, he has eleminated the deceased and the dead body

was concealed. P.W.13 recorded the confession statement of the

accused viz., Ex.P4 and handed over the accused to the Police

through Ex.P5 report.

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Crl.A.(MD)No.262 of 2019

(iii) After the accused was handed over to the Investigating

Officer by P.W.13, he arrested the accused at 14.30