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Challenging the judgment of conviction and sentence imposed by the I Additional Sessions and District Judge, Tiruvallur in Sessions Case No.179 of 2017 dated 28.2.2019, the present Criminal Appeal has been filed by the accused.

2. The appellant/accused stands convicted under Section 306 IPC read with Section 9 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act and sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.15,000/- in default to undergo Simple Imprisonment for a further period of one year and also to pay a sum of Rs.1,00,000/- as compensation to the de facto complainant.

(iii) On receipt of the complaint, Ex.P1, the Special Sub Inspector, one Velmurugan, who was in charge of the Tiruvallur Taluk Police Station, had registered a case in Crime No.277/14 under Section 306 IPC and Section 9 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act and the FIR is Ex.P8.
(iv) PW15, Circle Inspector of Police, Tiruvallur Taluk Police Station, who took up the investigation of the case by 3.15 pm on 31.7.2014, had visited the scene of occurrence and prepared observation mahazar, Ex.P4 and seizure mahazar, Ex.P9 in the presence of PW7 Koteeswaran and PW8 Ravi and also recovered Duppatta M.O.1 under seizure mahazar in the presence of the same witnesses. Thereafter, he had conducted inquest in the presence of https://www.mhc.tn.gov.in/judis the panchayatdars and prepared inquest report, Ex.P10. In the scene of occurrence itself, PW15 had enquired P.W.1 Mythili, one Andar, PW9 Pratheep Kumar, PW6 Michael, PW7 Koteeswaran, PW8 Ravi and recorded their statements. PW15 had also sent the body for post mortem and after post mortem, handed over the body to the relatives. The post mortem report is Ex.P6. On 28.8.2014 at about 10.40 am, PW15 had arrested the accused near Putlur Railway Station in the presence of PW10 Manikandan and PW11 Premkumar and recorded his voluntary confession statement in the presence of the same witnesses and thereafter, he took the accused to the Police Station and subsequently, sent him for judicial custody. PW15 had also enquired P.Ws.10 and 11 and recorded their statements. PW15 had enquired PW10 Dr.Syed on 29.12.2014, who conducted post mortem and recorded his statement. PW15 had also enquired PW12 Devan, the Head Constable and recorded his statement.

Subsequently, on completion of investigation, PW15 had filed the final report on 13.3.2014 against the accused for offence punishable under Section 306 IPC read with Section 9 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act.

(v) The final report was taken in P.R.C.No.27 of 2015 on the file of Judicial Magistrate I, Tiruvallur. Summons were issued to the https://www.mhc.tn.gov.in/judis accused on his appearance. The learned Judicial Magistrate furnished copies of the relevant documents to the accused under Section 207 Cr.P.C. and finding that the offences alleged are exclusively triable by the court of Sessions, had committed the accused to the Principal District Court, Tiruvallur and it was, in turn, made over to the I Additional District and Sessions Court, Tiruvallur in S.C.No.179 of 2017 for trial.

15.2.2022.

Index: Yes.

Internet: Yes.

ssk To

1. I Additional Sessions and District Judge, Tiruvallur.

2. Inspector of Police, B-2, Tiruvallur Taluk Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court of Madras.