IMPORTANT POINTS
Injuries to the accused must be explained.
When injuries to the accused are not explained and motive is also not established, accused cannot be convicted.

JUDGMENT :

N.V. Ramana, J.

1. This appeal is filed by the present appellant, aggrieved by the concurrent findings of the court below, which has upheld the culpability of the accused for culpable homicide amounting to murder under Section 302 of Indian Penal Code [hereinafter ‘IPC’ for brevity] and voluntary causing hurt by dangerous weapons or means under Section 324 of IPC. This appeal presently impugns the High Court judgment dated 22.02.2016, in Criminal Appeal No. 326 of 2013.

2. The prosecution story in a nut shell begins with an earlier scuffle between the accused and deceased (Sakthivel), while watching a street play conducted during a village festival. It is alleged that the accused-appellant was rebuked by the deceased for sitting next to ladies. In this context, on 20.08.2009, at about 6:00 PM the accused came to the spot where Rajendran (PW-1), Arumugham (PW-2) and Subramani (PW-3) were savoring idliis from the stall of Sumathi (PW-4), when the accused-appellant arrived with an intention to draw out Sakthivel (deceased), by picking up a quarrel with Rajendran (PW-1), who was his brother-in-law. Accordingly, the accused-appellant arming himself with a wooden log lying nearby, assaulted Arumugham (PW-2), who came to the rescue. At that moment the Sakthivel (deceased) is supposed to have intervened. Seeing him, the accused barged on Sakthivel claiming to finish him while kicking and pushing him into the water canal. When he tried to climb up from the canal, the accused hit him with a wooden log on his head. The villagers present at the spot, then prevented the accused while assaulting him on his head, thereby causing injuries to the accused. Thereafter, both the injured Sakthivel and accused were shifted to the Government Hospital, Pudukottai in an ambulance. Ultimately the Sakthivel succumbed to the injuries before reaching the Hospital.

3. Sub-Inspector Ramaswamy-PW-23 registered an FIR (Ext. P1) against the accused for the offences punishable under Sections 302 and 324 of IPC in Crime No. 47 of 2009. Circle Inspector Subhakumar-PW-24, undertook the investigation, visited the place of occurrence, prepared observation mahazar and drew the rough sketch (Ext. P7). The alleged weapon (wooden log-stick) (Ext. P8) used in the administration of crime was recovered from the spot. On the next day, he conducted inquest vide report (Ext.P9) and dead body of the deceased Sakthivel was sent for postmortem. Subsequently, the accused—appellant was reported to be arrested on 22nd August, 2009. The I.O. recorded the statements of Dr. Lavanya, the Doctor, who treated PW-2 (Arumugham), and Dr. Illayaraja, who conducted postmortem of the deceased. Thereafter the authorities seized the clothes of the deceased reported in the seizure report being M.O.4 to M.O.6. After completing the investigation, the I.O. submitted his report to the learned District Munsif-cum-Judicial Magistrate levelling charges against the accused for the offences punishable under Sections 324 and 302 of IPC. The learned Judicial Magistrate in turn committed the case to the Sessions Court. The accused pleaded not guilty and claimed to be tried.

4. The Sessions court by order, dated 07.10.2013, awarded conviction to the accused and directed him to suffer rigorous imprisonment for life for the offence under Section 302 of IPC and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further suffer an imprisonment for a period of one year. The accused was also sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 324 of IPC. Both the sentences were however directed to run concurrently. The main reasons given by the trail court for maintaining the conviction against the appellant-accused are-

i. That the motive concerning the verbal spat between the accused and the deceased Sakthivel is proved by PW-1, PW-6, PW-8 and PW-7.

ii. That the delay was sufficiently explained, as the police were busy in conducting investigation in oth