1

MEMORAINDUM OF GROUNDS OF CRIMINAL APPEAL UNDER

SECTION 374(2) Cr.P.C
(Criminal Jurisdiction)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl. Appeal No: of 2018

in
S.C.NO: 93 of 2017
On the file of the learned Principal Sessions Judge, Vellore, Vellore district,
Dated 03.11.2018

JAYAPAL, (36)
S/o Govindaraj
No.20C, Pachaiyamman kovil street,
Dhazayatham , Gudiyatham,
Velllore Dist. …...Appellant/ Single Accused

Vs

STATE represented by
The Inspector of Police,
Gudiyatham Town Police Station ,
Cr.No. 793/2015.
….. Respondent/ Complainant

The address for service of all notices and processes on the appellant is
that of his counsel M/s V.Rajamohan, C.R.Malarvannan and K.Nagarajan,
Advocates, No 12, Law Chambers, High Court Buildings, Chennai
600104.

The address for service of all notices and processes on the respondent is
as stated above.

1. It is submitted that this appeal is being preferred by the 1 st accused who

has been found guilty u/s 304(ii) of IPC and sentenced to undergo
rigorous imprisonment of 5 years by the court below. Totally there were
two accused before the court below and A2 was discharged by the court
below.
 2

2. The case of the prosecution is that the 1 st & 2nd accused are husband and
wife respectively. The alleged occurrence in this case was said to have
taken place on 09.11.2015. About 3 years prior to the date of occurrence
A2 was said to have had illicit intimacy with the deceased Sathish. The
1st accused got wild against the deceased. During a temple festival the 1 st
accused voluntarily picked up quarrel with the deceased and said “your
death is in my hands”. Thereafter, the deceased stopped talking with the
2nd accused on the advice of the elders. On 09.11.2015 at 4:15 A.M, A1
saw the deceased talking with A2. Infuriated over this, A1 shouted at the
deceased and stabbed him in the chest. P.W.11 is a witness to the
occurrence. The occurrence was informed to P.Ws 3 to 7 by P.W.2. When
all of them rushed to the spot they saw the deceased lying in a pool of
blood and the accused standing besides holding a knife. After seeing the
witnesses the accused ran away. The injured person was taken to the
Government Hospital, Gudiyatham, where he was declared brought dead.
P.W.1 gave a complaint to P.W.16 the Inspector of police on 9.11.2015
which was registered in Crime No: 793 of 2015 for an offence of section
302 of IPC. P.W.17 took up the investigation, prepared observation
mahazar and rough sketch in the presence of P.W.8 and another. The 1 st
accused was arrested on the same day ie 09.11.2015 at 1.45 P.M, at Koot
road junction and M.O: 2 Knife, and blood stained dress M.O: 5 and 6
were recovered from him. P.W18 concluded the investigation and filed
charge sheet.

3. It is submitted that after trial the Court below found the 1st accused guilty
under section 304(ii) I.P.C and not under 302 I.P.C and sentenced him to
undergo rigorous imprisonment for 5 years.

4. It is against this judgement of conviction by the learned Principal

Sessions Judge, Vellore, Vellore District in S.C. No: 93/2017 dated
03.11.2018, the appellant is preferring this appeal to set aside the
conviction and sentence for the following among

5.
 3

GROUNDS
1. The judgment of the court below is against the well established
principles of law, weight of evidence and probabilities of the case.

2. The court below failed to see that the prosecution has miserably
failed to prove its case beyond reasonable doubt.

3. The court below failed to appreciate that the sole eyewitness to the
occurrence is not believable. His presence in the scene of occurrence
is not proved since he had no chance to come to the scene of
occurrence. He is a chance witness and he has not given any cogent
and convincing reason for his presence.

4. The court below ought to have seen that the witnesses are all
interested witnesses and they were not present in the scene of
occurrence.

5. It is submitted that the prosecution has not proved the arrest and
recovery from the accused.

6. The other reasons given by the court below are not sound and
sustainable.

Dated at Chennai on this 18th day of December, 2018.

Counsel for the Appellant/A 1

Note:
1. The appellant is confined at Central Prison, Vellore.
2. Bail to the satisfaction of Judicial Magistrate, Gudiyatham.