IMPORTANT POINT
Unintentional homicide is not murder under Section 302 of IPC.

ORDER :

Vikram Nath, J.

1. This appeal assails the correctness of the final Judgment and Order dated 22.04.2016 passed by the High Court of Judicature at Madras in Criminal Appeal No.151 of 2013 whereby the High Court has dismissed the appeal of the present appellant and confirmed the order of conviction under Section 302 of the Indian Penal Code, 1860,¹[IPC] and awarding life sentence passed on 05.10.2012 by the Trial Court.

2. The facts of the case in brief are as follows :

2.1 The case involves the offence of culpable homicide committed by the present appellant. The present appellant was accused no.1 before the Trial Court in S.C.No.177 of 2010 on the file of the learned IV Additional District & Session Judge, Erode District, at Bhavani. While the other two accused, i.e., accused nos.2 and 3 were acquitted of all charges by the Trial Court.

2.2 The case involves the murder of one Kolandaippam, wherein the core motive was identified as a longstanding enmity over a land dispute between the deceased and the three accused. Prior to the incident, there were several confrontations and threats, notably 3½ years earlier on the disputed land, and a subsequent altercation involving the deceased's wife and Pappa, the sister of the first accused. These events, including a police-compromised complaint by the deceased's wife, intensified the hostility.

2.3 On 17th March 2009, around 6:00 p.m., at Koil Kaadu Chithanattu Salai in Neringipettai Village, the deceased, along with P.Ws.2, 3, and 5, was confronted by the accused. Heated arguments took place between the two parties. During the quarrel, accused nos.1 and 2 stabbed Kolandaippam multiple times with soori-knives, while accused no.3, though armed with a spade handle, did not inflict injuries but facilitated in the attack. P.W.1, the daughter of the deceased, witnessed this event. Following the attack, the deceased was taken to the Government Hospital at Bhavani, where Dr. (Mrs.) Janatha pronounced him dead and a complaint was lodged at the Ammapettai Police Station, leading to the registration of a case under Sections 302 and 324 of IPC.

2.4 The investigation, led initially by Subbiah (P.W.13) and later by A. Rajendran (P.W.14), involved meticulous collection of evidence. This included bloodstained earth from the crime scene, preparation of an Observation Mahazar and a Rough Sketch, and the recovery of the murder weapons. The autopsy conducted by Dr. Poornachandrika (P.W.8) revealed multiple stab wounds as the cause of death, particularly noting a fatal injury to the heart.

2.5 Significant evidence contributing to the appellant’s guilt includes the recovery of the murder weapon (a soori-knife) and bloodstained clothes following his voluntary confession. Additionally, the testimonies of the eyewitnesses, especially P.W.1, and the forensic evidence linking the blood group from the material objects to the deceased, played a crucial role. Despite some inconsistencies in the eyewitness accounts, the overwhelming evidence pointed towards the accused no.1's direct involvement in the assault.

2.6 Upon filing of charge sheet by the respondent police, a session case was registered before the Additional Sessions Judge, Bhavani in S.C.No.177 of 2010. The Trial Court taking cognizance of the offence, framed two charges. Charge against the accused Nos.1 to 3 was under Section 302 read with Section 34 IPC. Charge was against the accused no.3 under Section 307 IPC.

2.7 The trial involved the examination of 14 witnesses, and the presentation of 18 documents and 9 material objects. While the accused nos.2 and 3 were acquitted due to lack of conclusive evidence against them, the accused no.1, i.e., the appellant herein was found guilty based on the weight of the testimonies and other documentary and material evidence. According to the Trial Court there was compelling evidence, particularly the recovery of the murder weapon and the consistency of the eyewitness testimonies, which duly proved the conviction of the