The court's decision emphasized the importance of considering the nature and impact of the injuries in determining the appropriate conviction and sentence under the Indian Penal Code.

The appellant, who is the 1st accused in S.C. No. 195 of 1994 on the file of learned Principal Sessions Judge, Trichirapalli was tried along with another accused, for the offence under Section 302 read with section 34 of Indian Penal Code for committing murder of Raju, the deceased at 10.00 a.m. on 04.10.1993 in front of the house of the deceased.

2. Learned Sessions Judge found A1 not guilty of the offence under Section 302 read with Section 34 IPC; but convicted him for an offence under Section 325 IPC and sentenced to suffer rigorous imprisonment for three years. A2 was acquitted of the charges framed against her. Hence, the appeal by A1.

3. A.1 is the grandson of A.2. P.W.1 is the wife of the deceased Raju. Accused and the deceased were neighbours. They were washermen by profession; they were residing at B. Mettur. Two days prior to 04.10.1993, the date of occurrence, when P.W.1 and the deceased were talking in front of their house, their chicken had eaten A.2's paddy placed in front of A.2's house; for that A2 scolded the deceased and P.W.1 in filthy language, in turn the deceased also scolded A.2. On 4.10.1993 at about 10.00 a.m. A.1 came along with A.2 and picked up a quarrel with the deceased Raju referring the previous occurrence; A1 picked up a brick which was lying nearby and hit on the nape of the neck of the deceased Raju. The deceased fell down on his front; then A.2 kicked on the scrotum of Raju; he became unconscious. At that time P.W.2 Periasamy, Thangaraju and one Kandambalam who came there stopped the fight. PW.1 took the injured to Thuraiyur Hospital. The evidence of P.W.1 is corroborated by P.Ws. 2, 3 and 4.

4. P.W.5 working in Thuraiyur Government Hospital, treated deceased on 4.10.1993 at about 4.00 p.m. the injured told the doctor that he was assaulted by stone by known persons; P.W.5, found the following injuries under Ex.P.3.

"1. Haematoma measuring 4"x3" over the back of the nape of neck (cervical region) Tenderness present.

2. ladder dysfunction present.

3. Unable to move both the lower limbs vertibral fracture (cervical) with cord compression".

he referred the injured to Trichy Government Hospital for further treatment

5. P.W.6, who was working as Radiologist took X-rays on 04.10.1993 over the neck portion of the deceased and he states that the C6 was found dislocated from C7; Ex.P.5 is the X-ray.

6. P.W.10, Head Constable of Uppiliapuram Police Station, on receipt of information from the Sub Inspector of Uppiliapuram, went to the Trichy Government Hospital on 04.10.1993 at about 8.00 p.m. and he found the deceased sleeping and hence, he recorded the statement Ex.P.1 from the deceased on 5.10.1993 morning and read over to him and received the thumb impression from him. Thereafter, he went to Uppiliapuram Police Station at 10.30 p.m. and registered the case under Crime No. 359 of 1993 under Sections 323 and 326 IPC and he sent the same to the Sub Inspector of police for further investigation. Ex.P.10 is the printed first information report.

7. P.W.11, now working as Sub Inspector of Police, Uppiliapuram Police Station, states that on receipt of the case in Crime NO. 359 of 1993, registered by P.W.10, on 05.10.1993, he went to the scene of occurrence, and prepared Ex.P.2 observation mahazar and examined P.Ws.2 to 4 and recorded their statements. Thereafter, he went to Trichy Government Hospital and recorded the statement of the deceased Raju. He arrested the accused at 9.30 a.m. on 21.10.1993 at Uppiliapuram Police Station and sent them for remand to Court at about 10.00 a.m. on the same day.

8. The injured was an inpatient till 23.3.1994; he died in the hospital while undergoing treatment. On receipt of Ex.P.12 death intimation, P.W.11 converted the charge into one under Section 302 IPC and prepared altered First Information Report Ex.P.13 and sent the same to the Court through police official and handed over the case to P.W.12 Inspector, for investigation and P.W.11 assisted P.W.12.

9. P.W.12, In