Alankarakumar @ Ramesh vs The Inspector Of Police on 23 March, 2026

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    Madras High Court

    Alankarakumar @ Ramesh vs The Inspector Of Police on 23 March, 2026

    Author: N.Anand Venkatesh

    Bench: N.Anand Venkatesh

                                                                                 Crl.A.(MD).No.274 of 2023
    
                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                       DATED : 23.03.2026
    
                                                           CORAM
    
                                THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
                                                   AND
                                THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
    
                                                  Crl.A.(MD).No.274 of 2023
    
                         Alankarakumar @ Ramesh                  ... Appellant/Accused No.1
    
    
                                                           Vs.
                         The State rep by its,
                         The Inspector of Police,
                         Kariyapatti Police Station,
                         Virudhunagar District.
                         (Crime No.314 of 2017)                  ... Respondent/Complainant
    
                         PRAYER : Criminal Appeal is filed under Section 374(2) of the Criminal
                         Procedure Code, to call for the records in S.C.No.67 of 2018 dated
                         17.02.2023 on the file of the learned Additional District and Sessions Court,
                         Virudhunagar and to set aside the conviction passed against the
                         appellant/Accused No.1.
    
    
                                      For Appellant    :         Mr.G.Karuppasamy Pandiyan
                                      For Respondent   :         Mr.A.Thiruvadikumar,
                                                                 Additional Public Prosecutor
    
    
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                                                                                   Crl.A.(MD).No.274 of 2023
    
                                                          JUDGMENT
    

    (Judgment of the Court was made by K.K.RAMAKRISHNAN,J.)

    The appellant/Accused No.1 in S.C.No.67 of 2018 on the file of

    SPONSORED

    the learned Additional District and Sessions Court, Virudhunagar has filed

    this appeal challenging the following conviction and sentence imposed

    against him in the impugned judgment dated 17.02.2023.

                               Sentence of law   Sentence                of Fine
                                                 imprisonment
                               302 of IPC        To      undergo        life Rs.10,000/- i/d     to
                                                 imprisonment                undergo six months
                                                                             rigorous imprisonment
                               307 of IPC        Ten     year      rigorous Rs.10,000/- i/d     to
                                                 imprisonment               under to six months
                                                                            rigorous imprisonment
    
    
    
                                      2.Brief facts of the prosecution case:
    
    

    According to the prosecution, the deceased, Senthil Kumar, and

    the first accused (appellant) were working as building contractors.

    Prosecution Witnesses (PW) 1, 2 (Velmurugan – second accused), and PW6

    were masons working under them. These workers were engaged by the first

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    accused for construction work at Mudukulathur, where they had been

    working for about six days prior to the occurrence. During this period, the

    deceased approached the first accused and expressed his difficulty in

    completing certain construction work at Kadaladi. At his request, the first

    accused permitted PW1, PW2, and PW6 to assist the deceased. Accordingly,

    they proceeded to Kadaladi and completed the construction work entrusted

    by the deceased. Subsequently, when the workers were preparing to return

    to their native place to celebrate Vinayaga Chaturthi festival on 25.08.2017,

    they demanded payment of wages from the deceased on 24.08.2017. The

    deceased, however, refused to pay the wages, which led to a heated

    altercation between the deceased and the first accused. Though PW1

    attempted to pacify them, the dispute remained unresolved. Thereafter, all of

    them proceeded to Kariyapatti village, where once again a quarrel erupted

    regarding the payment of wages. During the course of this altercation, the

    first accused challenged the deceased, stating that he would “see him” at

    Kariyapatti. Later, at about 11.00 p.m., all of them reached Kariyapatti. In

    the meantime, the deceased went to his house, obtained a sum of Rs.3,000/-

    from his wife, and paid the same to PW6 towards wages. Thereafter, the

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    deceased, PW1, and PW6 hired an auto driven by PW3 to drop PW6 at

    NGO Colony. Subsequently, they assembled near the house of PW9 situated

    on Kariyapatti–Kallikudi Road. At that juncture, the first accused arrived

    from the opposite direction armed with a sickle (MO1) and attacked the

    deceased. When PW1 intervened, he also sustained injuries. Both the

    deceased and PW1 were immediately taken to the Government Hospital,

    Kariyapatti, and thereafter referred to the Government Rajaji Hospital,

    Madurai, owing to the grievous nature of their injuries. Upon receiving

    intimation from the hospital, PW21, the Sub-Inspector of Police attached to

    Kariyapatti Police Station, proceeded to the hospital at about 3.00 a.m. on

    25.08.2017 and recorded the statement of PW1, the injured eyewitness.

    Based on the same, a case was registered in Crime No.314 of 2017 initially

    under Section 307 IPC, and the First Information Report was forwarded to

    the jurisdictional Magistrate and the Inspector of Police (PW24). PW24

    took up the investigation and visited the scene of occurrence at about 6.40

    a.m. on 25.08.2017. He prepared the observation mahazar (Ex.P2) and

    rough sketch (Ex.P14) in the presence of witnesses PW9 and PW10. He also

    recovered blood-stained earth (MO5) and sample earth (MO6) from the

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    scene. Thereafter, he examined PW1, PW2, PW6, and other witnesses and

    recorded their statements under Section 161 Cr.P.C. On 26.08.2017, upon

    receiving information regarding the death of Senthil Kumar, the offence was

    altered from Section 307 IPC to Sections 302 and 120-B IPC, and the

    alteration report was forwarded to the Court. PW24 conducted inquest over

    the body of the deceased on the same day at about 8.00 a.m. and prepared

    the inquest report (Ex.P16). The body was thereafter sent for post-mortem

    examination. PW18 conducted the post-mortem on 26.08.2017 at about 1.00

    p.m. and noted multiple injuries on the body of the deceased. During the

    course of investigation, PW24 arrested the accused on 27.08.2017 at about

    10.05 p.m. at Karsakulam Junction in the presence of the Village

    Administrative Officer (PW12) and others. Based on the voluntary

    confession of the accused, material objects were recovered. Subsequently,

    on 08.09.2017 at about 6.05 a.m., the first accused was secured and

    interrogated. Pursuant to his voluntary confession, the weapon of offence

    (MO1 – sickle) and blood-stained clothes were recovered. Additionally, a

    motorcycle bearing Registration No. TN-67-BE-3729 was also recovered

    based on his disclosure statement. All the recovered material objects were

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    forwarded to the Court under Form 95, and the accused were remanded to

    judicial custody. Thereafter, the Investigating Officer continued the

    investigation by forwarding the requisition for chemical examination to the

    Regional Forensic Science Laboratory. He also obtained the post-mortem

    certificate along with the final medical opinion. Further, he collected a

    report from the Electricity Department regarding the availability of lighting

    at the scene of occurrence. He examined additional witnesses, including

    scientific experts, and collected the biological report (Ex.P18) and the

    serological report (Ex.P19). Upon completion of the investigation, the

    Investigating Officer laid the final report before the learned Judicial

    Magistrate, Kariyapatti. The case was taken on file in P.R.C. No.5 of 2018.

    The learned Judicial Magistrate, upon taking cognizance, issued summons

    to the accused and furnished copies of the prosecution records in

    compliance with Section 207 Cr.P.C. Since the offences were triable

    exclusively by a Court of Sessions, the case was committed under Section

    209 Cr.P.C. to the Sessions Court. Upon committal, the case was taken on

    file as S.C. No. 69 of 2018 on the file of the learned Sessions Judge. The

    learned trial Judge, upon appearance of the accused and after furnishing

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    necessary documents, framed charges against them for the alleged offences.

    The accused denied the charges and pleaded not guilty, thereby

    necessitating trial. In order to substantiate its case, the prosecution

    examined PW1 to PW24, marked Exs.P1 to P19, and produced Material

    Objects (MO1 to MO6) through relevant witnesses. After completion of the

    prosecution evidence, the accused were examined under Section 313 Cr.P.C.

    with reference to the incriminating circumstances appearing against them.

    The accused denied all such circumstances. No defence witnesses were

    examined, nor any documents were marked on the side of the defence.

    However, the first accused submitted a written statement under Section 313

    Cr.P.C., wherein he stated that the deceased, along with PW2 and others,

    had undertaken certain construction work at Kadaladi and were staying

    there. According to him, on the relevant day, the deceased and others

    proceeded towards Aruppukottai, and thereafter he returned to Kariyapatti

    and went to his house. He denied any involvement in the alleged

    occurrence. Upon consideration of the oral and documentary evidence, the

    learned trial Judge acquitted the second accused of all charges. However,

    the first accused (appellant) was found guilty and convicted by impugned

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    judgment for the offences charged, and was sentenced to undergo life

    imprisonment under Section 302 IPC, along with other sentences as stated

    above. Aggrieved by the said conviction and sentence, the appellant has

    preferred the present appeal.

    3.Submission of the learned counsel for the appellant

    The learned counsel for the appellant contended that the First

    Information Report is a fabricated document and lacks credibility. In

    support of this contention, reliance was placed on the Accident Register

    (AR) entries, which contains the earliest version of the occurrence. It was

    submitted that a perusal of Ex.P7 and Ex.P8 reveals material contradictions.

    In Ex.P7, it is recorded that the injured/deceased was assaulted by unknown

    persons and had himself gone to the hospital for treatment at about 11.55

    p.m. on 24.08.2017. However, Ex.P8 indicates that PW1, the injured

    eyewitness, was brought to the hospital by the police at about 1.00 a.m.,

    with an allegation that he was attacked by unknown persons with a knife.

    According to the learned counsel, these discrepancies between the two

    earliest medical records create serious doubt regarding the prosecution

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    version. It was further argued that if, as per Ex.P8, PW1 was brought by the

    police, then the subsequent claim that the Sub-Inspector (PW21) received

    intimation from the hospital and recorded the statement of PW1 is not

    acceptable. This, according to the defence, suggests suppression of the true

    genesis of the occurrence and the earliest version of the incident. On this

    premise, it was contended that no reliance can be placed on the testimony of

    PW1, who is the sole injured eyewitness. Since the prosecution case

    substantially rests upon his evidence, the case would fall within the

    categories of unreliable or partly reliable witnesses as laid down in Vadivelu

    Thevar v. State of Madras. It was argued that the learned trial Judge failed

    to properly appreciate this principle and erred in placing reliance on the

    testimony of PW1 to convict the appellant. The learned counsel further

    submitted that there are several inconsistencies in the evidence of PW1 vis-

    à-vis the testimonies of the police officials, particularly PW17, PW21, and

    PW24, with respect to the registration of the case and the sequence of

    events during investigation. These contradictions, according to the defence,

    strike at the root of the prosecution case. It was also contended that the trial

    Court committed a grave error in acquitting the second accused while

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    convicting the first accused, despite the fact that both eyewitnesses

    attributed similar overt acts and speak about the presence of both accused.

    In the absence of any clear distinction or separable evidence, such selective

    conviction is legally unsustainable. On the cumulative effect of these

    discrepancies, the learned counsel argued that the prosecution has failed to

    establish its case beyond reasonable doubt, and therefore, the conviction

    under Section 302 IPC is liable to be set aside. It was also contended that

    the finding regarding the alleged assault on PW1 cannot be sustained.

    Without prejudice to the above submissions, the learned counsel advanced

    an alternative argument on the nature of the offence. It was submitted that

    even as per the prosecution case, the occurrence arose out of a dispute

    relating to non-payment of wages. The evidence indicates that the quarrel

    originated at Kadaladi and continued at Kariyapatti. It was argued that the

    appellant had, at the request of the deceased, deputed his workers to

    complete the deceased’s construction work, giving priority to deceased’s

    work compromising his work at Mudukulathur. In such circumstances, the

    deceased was under an obligation to settle the wages, which he failed to do.

    This led to a sudden quarrel between the parties. In the course of the said

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    altercation, and in the heat of passion, the appellant is alleged to have

    attacked the deceased. The incident was not premeditated but occurred on

    account of a sudden provocation arising out of the wage dispute. Therefore,

    the offence would not fall under Section 302 IPC but would, at best, be

    covered under Section 304 Part I IPC. Accordingly, it was prayed that this

    Court may alter the conviction from Section 302 IPC to Section 304 Part I

    IPC and reduce the sentence, taking into consideration the absence of

    criminal antecedents and by applying the reformative theory of punishment.

    4.Submission of the learned Additional Public Prosecutor:

    The learned Additional Public Prosecutor, upon a careful

    examination of the records and evidence on file, submitted that the present

    case is one of a clear and premeditated murder, coupled with a deliberate

    attack on PW1, the injured eyewitness. It was contended that the

    prosecution has established its case beyond reasonable doubt without any

    material infirmity. PW1, being an injured eyewitness, has deposed in a

    cogent, consistent, and reliable manner regarding the occurrence and the

    specific overt act attributed to the appellant. His testimony clearly

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    establishes the murderous assault inflicted upon the deceased as well as the

    attack on him when he attempted to intervene. The said ocular evidence

    stands duly corroborated by the medical evidence on record. The learned

    Additional Public Prosecutor further submitted that the presence of the

    accused at the scene of occurrence has been consistently spoken to by other

    prosecution witnesses, whose testimonies lend further assurance to the

    version of PW1. The chain of circumstances, including the recovery of the

    weapon of offence (MO1 – sickle) pursuant to the confession of the

    accused, has also been duly proved and rightly relied upon by the trial

    Court. Insofar as the alleged discrepancies in the medical records (Accident

    Register entries) are concerned, it was contended that such minor

    inconsistencies do not go to the root of the prosecution case and cannot

    outweigh the reliable testimony of an injured eyewitness. The learned

    Additional Public Prosecutor specifically opposed the alternative plea of the

    appellant for conversion of the offence to one under Section 304 Part I IPC.

    It was submitted that the facts clearly demonstrate that the act of the

    accused was not the result of a sudden quarrel or grave and sudden

    provocation. According to the prosecution, though there was an earlier

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    dispute relating to payment of wages at Kadaladi, the parties had thereafter

    dispersed and reached Kariyapatti. At that stage, the appellant had sufficient

    time for reflection. Instead of acting in the heat of passion, he went to his

    house, armed himself with a deadly weapon (MO1 – sickle), and thereafter

    returned to the scene and attacked the deceased in a calculated and

    intentional manner. It was further submitted that the conduct of the

    appellant also attacking PW1, who intervened, clearly demonstrates his

    intention to cause death or such bodily injury as is likely to cause death.

    Thus, the element of premeditation and intention is evident from the

    sequence of events. In view of the time gap between the earlier quarrel and

    the actual occurrence, the plea of sudden provocation is untenable. The

    prosecution therefore contended that the case does not fall within any of the

    Exceptions to Section 300 IPC and consequently, there is no scope for

    altering the conviction to Section 304 Part I or Part II IPC. Accordingly, it

    was submitted that the learned trial Judge has rightly appreciated the

    evidence in proper perspective and correctly convicted the appellant under

    Section 302 IPC. There are no mitigating circumstances warranting

    interference with the conviction or sentence, and the appeal is liable to be

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    dismissed.

    5.This Court carefully considered the rival submissions made on

    either side, perused the entire materials available on record.

    6.The question in this case is whether the prosecution has

    established the case beyond reasonable doubt against the appellant and the

    conviction and sentence imposed against the appellant is sustainable or not?

    7.Discussion on the reliability of the injured witnesses:

    7.1.It is well settled that the evidence of an injured eyewitness

    stands on a higher pedestal and is entitled to great weight, unless

    compelling reasons exist to discard the same. This Court re-captualate the

    following guidelines issued by the latest Hon’ble Three Judges Bench of the

    Supreme Court to appreciate the evidence of injured witnesses and

    eyewitness reported in 2023 SCC Online SC 355.

    “26.When the evidence of an injured eye-

    witness is to be appreciated, the under-noted legal
    principles enunciated by the Courts are required to be

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    kept in mind:”

    (a) The presence of an injured eye-witness at the
    time and place of the occurrence cannot be doubted
    unless there are material contradictions in his deposition.

    (b) Unless, it is otherwise established by the
    evidence, it must be believed that an injured witness
    would not allow the real culprits to escape and falsely
    implicate the accused.

    (c) The evidence of injured witness has greater
    evidentiary value and unless compelling reasons exist,
    their statements are not to be discarded lightly.

    (d) The evidence of injured witness cannot be
    doubted on account of some embellishment in natural
    conduct or minor contradictions.

    (e) If there be any exaggeration or immaterial
    embellishments in the evidence of an injured witness, then
    such contradiction, exaggeration or embellishment should
    be discarded from the evidence of injured, but not the
    whole evidence.

    (f) The broad substratum of the prosecution
    version must be taken into consideration and
    discrepancies which normally creep due to loss of memory
    with passage of time should be discarded.

    “27.In assessing the value of the evidence of the

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    eyewitnesses”, two principal considerations are whether,
    in the circumstances of the case, it is possible to believe
    their presence at the scene of occurrence or in such
    situations as would make it possible for them to witness
    the facts deposed to by them and secondly, whether there
    is anything inherently improbable or unreliable in their
    evidence. In respect of both these considerations,
    circumstances either elicited from those witnesses
    themselves or established by other evidence tending to
    improbabilise their presence or to discredit the veracity of
    their statements, will have a bearing upon the value which
    a Court would attach to their evidence. Although in cases
    where the plea of the accused is a mere denial, the
    evidence of the prosecution witnesses has to be examined
    on its own merits, where the accused raise a definite plea
    or put forward a positive case which is inconsistent with
    that of the prosecution, the nature of such plea or case
    and the probabilities in respect of it will also have to be
    taken into account while assessing the value of the
    prosecution evidence.

    7.1.In this case PW1 is the injured eyewitness. PW1, in his

    evidence, has cogently and consistently narrated the sequence of events

    commencing from the dispute at Kadaladi up to the occurrence at

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    Kariyapatti. His testimony reveals that a quarrel arose between the deceased

    and the appellant in connection with payment of wages, during which the

    appellant not only abused but also criminally intimidated the deceased. The

    evidence further discloses that after leaving Kadaladi, all parties reached

    Kariyapatti. Even thereafter, the appellant continued to threaten the

    deceased, by making a phone call also which aspect finds corroboration

    from the testimony of the auto driver (PW6). This circumstance lends

    support to the prosecution case regarding motive. PW1 has further deposed,

    in a clear and unambiguous manner, that the appellant attacked the deceased

    with a sickle (MO1). When PW1 attempted to intervene and rescue the

    deceased, the appellant also assaulted him, causing grievous injuries. The

    manner of assault, as spoken to by PW1, indicates that even after the

    deceased fell down due to the initial attack, the appellant continued his

    assault, and also inflicted injuries on PW1. This conduct clearly establishes

    the intention. This Court finds that the testimony of PW1 inspires

    confidence and is free from material contradictions. His evidence stands

    duly corroborated by the medical evidence. The doctor (PW18) has spoken

    about the nature of injuries sustained by the deceased and PW1, and has

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    opined that the death was due to the injuries sustained in the occurrence.

    Further, the prosecution has established the recovery of the weapon of

    offence (MO1 – sickle) and the bloodstained clothes of the appellant

    pursuant to his confession. The serological report (Ex.P19) confirms that

    human blood of the same group as that of the deceased was found on the

    recovered material objects, including the clothes of the appellant. These

    scientific materials constitute strong incriminating circumstances

    connecting the appellant with the crime. This Court finds no material

    inconsistency or discrepancy so as to discredit the testimony of PW1. This

    Court further finds that no material has been elicited by the defence, either

    through effective cross-examination of prosecution witnesses or by

    adducing independent defence evidence, to discredit the consistent version

    of PW1, the injured eyewitness. The chain of events as spoken to by PW1

    remains intact and unshaken. Further this Court also finds no such

    exceptional circumstances are made out to disbelieve PW1. In view of the

    above, this Court accepts the evidence of P.W.1.

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    8.Discussion on the discrepancies on the AR Copy:

    With regard to the contention of the learned counsel for the

    appellant concerning discrepancies in the Accident Register (AR) entries,

    this Court finds no merit in the same. Entries in the Accident Register are

    primarily intended for medical treatment and not for recording a detailed or

    accurate account of the occurrence and the evidence of doctor who recorded

    the statement in the accident registered copy can neither be used for

    contradiction or nor for any other purpose.

    8.1.The purpose of the Accident Register copy is clearly stated by

    the Hon’ble Supreme Court in the following cases:

    P. Babu v. State of A.P., (1994) 1 SCC 388 B. Bhadriah v. State of A.P.,
    1995 Supp (1) SCC 262

    6. .. It is a matter of common knowledge that such entry in the injury 5. .. The casual way of filling
    certificate does not necessarily amount to a statement. At that stage the up the column in the medical
    doctor was required to fill up that column in a normal manner and it was certificate does not in any
    not the duty of the doctor to enquire from the injured patient about the manner amount to recording a
    actual assailants and that the inquiry would be confined as to how he statement of the injured witness
    received the injuries namely the weapons used etc

    8.2.The said principle has been followed by the Hon’ble division

    Bench of this Court in numerous cases including the judgment reported in

    2021 5 CTC 305. Therefore, minor discrepancies in such entries cannot be

    treated as material contradictions so as to affect the core of the prosecution

    case.

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    9.Discussion on the delay in registration of FIR:

    The occurrence took place at about 11.00 p.m. on 24.08.2017, and

    both the injured witness and deceased were immediately taken to the

    Government Hospital, Kariyapatti, and thereafter referred to the

    Government Rajaji Hospital, Madurai, considering the seriousness of their

    condition. Upon receipt of intimation from the hospital, the Sub-Inspector

    proceeded to record the statement of PW1 at about 3.00 a.m., and the FIR

    was registered thereafter and promptly forwarded to the Court. Considering

    the distance between the hospital and the police station, as well as the

    medical exigencies, the time taken cannot be construed as an inordinate or

    unexplained delay. In such circumstances, this Court finds that the

    prosecution version is consistent, cogent, and supported by both ocular and

    scientific evidence. The objections raised by the appellant on the account of

    the delay in registering the case does not create any reasonable doubt so as

    to discredit the prosecution case.

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    10.Discussion on the delay in sending FIR to the Magistrate

    Court:

    Insofar as the contention regarding delay in forwarding the First

    Information Report to the Court is concerned, it is the submission of the

    learned counsel for the appellant that though the FIR was registered at about

    6.00 a.m. on 25.08.2017, it reached the Court only at about 1.30 a.m. on

    26.08.2017, creating suspicion. This Court is unable to accept the said

    contention. It is well settled that mere delay in forwarding the FIR to the

    Magistrate is not, by itself, a circumstance to disbelieve the prosecution

    case, particularly when the occurrence and the registration of the case are

    otherwise established through reliable evidence. In the present case, PW1

    has clearly deposed regarding the lodging of the complaint, and there is no

    ambiguity or doubt with respect to the genesis of the occurrence. Even

    assuming that there was some delay in transmitting the FIR, the same

    would, at best, constitute a lapse on the part of the Investigating Officer. As

    per the settled legal position, such a lapse cannot enure to the benefit of the

    accused unless prejudice is shown to have been caused and the same was

    elaborately discussed and held by the Hon’ble Supreme Court in the case of

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    Jafel Biswas and others vs. State of West Bengal reported in 2019 12 SCC 560.

    19. The obligation is on the IO to communicate the report to 20. … mere delay in 23. On delayed
    the Magistrate. The obligation cast on the IO is an obligation sending the report itself dispatch of FIR,
    of a public duty. But it has been held by this Court that in the cannot lead to a some prejudice
    event the report is submitted with delay or due to any lapse, conclusion that the trial is has to be proved
    the trial shall not be affected. The delay in submitting the vitiated or the accused is by accused.

    report is always taken as a ground to challenge the veracity entitled to be acquitted
    of the FIR and the day and time of the lodging of the FIR. on this ground.

    10.1.In the present case, no material has been placed to

    demonstrate that any prejudice was occasioned to the appellant due to the

    said delay. Accordingly, this Court finds no merit in the contention that the

    delay in forwarding the FIR creates doubt regarding the prosecution case or

    the credibility of PW1.

    11.Discussion on the acquittal of A2:

    The contention of the learned counsel for the appellant that the

    acquittal of the second accused (A2) should enure to the benefit of the

    appellant is devoid of merit. A careful scrutiny of the prosecution case

    reveals that no specific overt act of assault has been attributed to A2. The

    evidence on record indicates that A2’s role, if any, was confined to

    accompanying the appellant after the occurrence, and there is no material to

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    establish his participation in the actual assault. The learned trial Judge, upon

    appreciation of the evidence, has rightly found that there is no sufficient

    material to establish the involvement of A2 either in the commission of the

    offence or to attract the definition of common intention under Section 34

    IPC, or abetment under Section 109 IPC, nor is there any evidence to

    substantiate the charge of conspiracy. Consequently, A2 was acquitted. It is

    a settled principle of criminal jurisprudence that the acquittal of a co-

    accused does not automatically entitle another accused to acquittal, unless

    the evidence against both is inseparable and identical. The principle of

    parity cannot be mechanically applied in all cases. In the present case, the

    evidence of PW1, the injured eyewitness, insofar as it relates to the presence

    and participation of A2, may be doubtful. However, the same does not affect

    the core of the prosecution case against the appellant (A1), whose role as

    the assailant has been consistently and cogently established. This Court

    finds that the learned trial Judge has correctly applied the principle that the

    maxim falsus in uno, falsus in omnibus has no universal application in

    criminal law. It is the duty of the Court to separate the “grain from the

    chaff” and to accept that part of the testimony which is found to be credible

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    Crl.A.(MD).No.274 of 2023

    and reliable. It is an established principle of criminal law in India that

    only on account of detecting some falsehood in the statement of a

    witness who is otherwise consistent and reliable, his entire testimony

    should not be discarded and the same is fortified by the decision of the

    Hon’ble supreme Court in the case of Gangadhar Behera vs. State of

    Orissa reported in 2002 (8) SCC 381 and the relevant portion in paragraph

    No.15 as follows:

    Even if a major portion of the evidence is
    found to be deficient, in case residue is sufficient to
    prove guilt of an accused, notwithstanding acquittal of a
    number of other co-accused persons, his conviction can
    be maintained.

    11.1.The said principle also reiterated by the Hon’ble Supreme

    Court in number of cases including in the case of Mahendran vs. State of

    Tamilnadu reported in 2019 5 SCC 67. Applying the said principle, even if

    the presence of A2 is doubtful, the consistent and reliable evidence of PW1,

    corroborated by medical and scientific evidence, clearly establishes that the

    appellant alone committed the murderous assault on the deceased and

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    Crl.A.(MD).No.274 of 2023

    caused grievous injuries to PW1. Therefore, the acquittal of A2 does not in

    any manner weaken the prosecution case against the appellant. The

    conviction and sentence imposed on the appellant are sustainable

    notwithstanding the acquittal of the co-accused.

    12.Discussion on the application of 304 part I of IPC:

    With regard to the alternative submission that the offence would

    fall under Section 304 Part I IPC, this Court finds no substance in the said

    plea. The evidence on record clearly establishes that the dispute relating to

    wages originated at Kadaladi and continued even after the parties reached

    Kariyapatti. The appellant had not only quarreled with the deceased but had

    also criminally intimidated him, through a phone call also, as spoken to by

    PW6. Significantly, after issuing such threats, the appellant went to his

    house, armed himself with a deadly weapon (MO1 – sickle), and thereafter

    returned to the place of occurrence. The subsequent acts of attacking the

    deceased, followed by inflicting further blows even after the deceased fell

    down, clearly demonstrates intention. Further, when PW1 attempted to

    intervene, the appellant also attacked him and caused grievous injuries, and

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    Crl.A.(MD).No.274 of 2023

    uttering words indicative of animosity. The manner of attack, the nature of

    weapon used, and the conduct of the appellant before and during the

    occurrence unmistakably establish that the act was intentional and not the

    result of a sudden quarrel or grave and sudden provocation. There was

    sufficient time for reflection between the earlier quarrel and the occurrence,

    thereby ruling out the applicability of Exception 4 to Section 300 IPC. In

    such circumstances, this Court finds no justification to alter the conviction

    from Section 302 IPC to Section 304 Part I IPC. Accordingly, this Court

    holds that the prosecution has proved the case against the appellant beyond

    reasonable doubt. The findings of the learned trial Judge are well-founded

    and do not warrant interference. In the result, the appeal fails and is liable to

    be dismissed. Accordingly, the Criminal Appeal is dismissed, and the

    conviction and sentence imposed on the appellant are confirmed.

    
    
    
                                                                   [N.A.V, J.] & [K.K.R.K,J.]
                                                                             25.03.2026
                         NCC      :Yes/No
                         Index    :Yes/No
                         Internet :Yes/No
                         pal
    
    
    
                         Page 26 of 28
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                         Crl.A.(MD).No.274 of 2023
    
    
    
    
                         To:
    
                         1.The Additional District and Sessions Court,
                           Virudhunagar.
    
                         2.The Inspector of Police,
                           Kariyapatti Police Station,
                           Virudhunagar District.
    
                         3.The Additional Public Prosecutor,
                           Madurai Bench of Madras High Court,
                           Madurai.
    
                         4.The Section Officer,
                           Criminal Section(Records),
                           Madurai Bench of Madras High Court,
                           Madurai.
    
    
    
    
                         Page 27 of 28
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                Crl.A.(MD).No.274 of 2023
    
    
    
                                         N.ANAND VENKATESH, J.
                                                          and
                                          K.K.RAMAKRISHNAN, J.
    
                                                                     pal
    
    
    
    
                                                  Judgment made in
                                          Crl.A.(MD).No.274 of 2023
    
    
    
    
                                                           23.03.2026
    
    
    
    
                         Page 28 of 28
    
    
    
    
    https://www.mhc.tn.gov.in/judis
    



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