The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the lack of premeditation and the nature of the altercation.

J U D G M E N T

Raja Vijayaraghavan, J.

This appeal is preferred by the sole accused in S.C.No. 604 of 2012 on the file of the Additional Sessions Judge-II, Pathanamthitta, challenging the finding of guilt, conviction, and sentence passed by the learned Sessions Judge.

2. The appellant, a man aged 24 years of age, was charged for having committed offence punishable under Sections 302, and 447 of the IPC. By the impugned judgment dated 20.06.2018, he was found guilty under Section 302 of the IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1 lakh with a default clause.

The Prosecution Case

3. The deceased, Shibumon, was the son of one Sivaraman (PW8) and the elder brother of Shiju (PW7). The accused, Syamkumar @ Saji, is the maternal cousin of the deceased, being the son of the deceased's mother's sister. Sivaraman and PW3 had built a shed on a piece of property, where they were carrying out agricultural activities. On 07.04.2012, Suneesh (PW1) and the deceased were sitting in the shop of one Kalathil Sunil. The prosecution alleges that the accused called the deceased on his phone and invited him to the agricultural land, where PW3 and PW7 were engaged in guarding the crops from pests and animals. According to the prosecution, on receiving the call, the deceased along with PW1 and Murukesan (PW2) went to the shed. On the southeastern side of the shed, a bonfire was burning to keep wild animals at bay. There was also a shed, which was built by Sivaraman and PW3, where the deceased, the accused, and their friends sat and started playing cards. In the midst of the game, an altercation ensued between the accused and the deceased, as the accused felt that the deceased had tried to cheat in order to win the game. There was a wordy altercation between the accused and the deceased, and PWs 1 to 3, as well as PW7, had to intervene and separate them. After the incident, which occurred at about 9:00 P.M., the deceased stood up and decided to leave. He walked towards the eastern pathway. It is alleged that the accused, who was standing on the western side near the shed, abruptly went toward Shibu, who was walking, and took out a knife and inflicted a stab injury on his lower abdomen. After inflicting the injury, the accused took to his heels and disappeared into the darkness. Upon receiving the stab injury, the deceased clutched his abdomen with his palms and cried out. When he removed his palms, he fell to the ground. PW2 and PW3 took off their kailies and tied them around the injury. They then summoned the jeep driven by PW4 and rushed the injured to the hospital. The Doctor, after examining the injured, declared him dead.

Registration of Crime and Investigation

4. On 08/04/2012, 00.30 hrs. PW1 lodged the First Information Statement to PW17 who then was the Sub Inspector of the Thanithode Police Station. Based on the said information, Crime No. 40 of 2012 of Thannithodu Police Station was registered under section 302 of the IPC. The investigation was taken over by PW20, C.I. of Police, Konni Police Station on 08.04.2012. He conducted Ext.P2 inquest over the dead body of Shibu. Two saffron kailies which were found on the body were seized. After the conduct of the inquest, the body was handed over for autopsy. Ext.P4 Scene Mahazar was prepared and a yellow thread as well as a pair of sandals which were found at the scene of crime were seized. MO1 shirt of the injured, which was lying at the scene of the crime, was seized as per Ext.P6 Mahazar. He stated that the accused could be arrested only on 22.04.2012 at 7:30 p.m. After effecting arrest, MO5 shirt, which was worn by the accused at the time of the incident was seized. Based on the disclosure statement furnished by the accused, MO2 knife was seized from the house of one Kunjumol (PW10), a near relative of the deceased, as per Ext.P5 Mahazar. Though in the FIR, only Section 302 of the IPC was incorpo