Every homicide is not murder.

(This Criminal Appeal filed under Section 374(2) Cr.P.C. against the judgment and conviction dated 6.12.2000 made in S.C.No.179 of 2000 on the file of the Principal Sessions Judge, Erode.)

Aggrieved over the conviction for the offence under Section 326 I.P.C. passed in S.C.179 of 2000 dated 6.12.2000 by the Principal Sessions Judge, Erode and the sentence imposed against the accused to undergo three years rigorous imprisonment this appeal has been preferred.

2. Brief facts of the case are as follows:

The deceased is brother's wife of the accused. P.W.1 and P.W.3 are sister and mother of the deceased. P.W.2 is a resident opposite side of the house of the accused. One Palanisamy is husband of the deceased Rajamani. The accused is brother of said Palanisamy. The accused had two brothers. The mother of the accused Pappayammal settled her immovable property in favour of the accused and another son by name Venkatesan ignoring the rights of Palanisamy and no right was given to Palanisamy. Regarding the same there was frequent quarrel between the accused and the complainant.

3. On 10.10.1999 at about 5 p.m. Quarrel arose between the victim and her mother-in-law. The mother of the accused used filthy language with the victim and on hearing the words, the accused took brick and assaulted on the stomach of the complainant. P.W.1 with the help of others took the injured to the Erode Government Hospital, where first aid was given to the complainant and on the advice of the Doctor the injured was taken to the Government Hospital, Erode on 10.10.1999 itself.

4. On 11.10.1999 at about 1.25 P.M., P.W.5, the Doctor, who was on duty as Civil assistant Surgeon, Government Hospital, Erode examined the victim Rajamani and came to know that the victim Rajamani had been actually brought to the hospital even on 10.10.1999 at about 6.00 p.m. for treatment. But treatment was not given as the victim was not willing for treatment. No entry was made in the accident register on 10.10.1999.

5. P.W.5 examined the injured and found that the victim sustained injury over the abdomen by stone hit by her brother-in-law. P.W.5,Doctor gave treatment to the victim. He sent Ex.P4 intimation to the Police station. Ex.P3 is the accident register. Ex.B5 is the case sheet. The injured was admitted and her name took place in the dangerous patient list. On 12.10.1999 at about 8.00 a.m., P.W.8 who was incharge of the Chithode Police Station received information about the admission of the injured by wireless and proceeded to the out-post police station and received the information Ex.P4. and then he examined the injured and recorded her statement. Ex.P9 is the complaint given by the injured. P.W.8 returned to the police station on the same day and registered a case in Crime No.535 of 1999 under Section 294(b), 323 and 506(2) IPC against the accused. He prepared Ex.P10 F.I.R. He sent the F.I.R. to the Judicial Magistrate No.3, Erode at 10.30 a.m. and then he went to the place of occurrence, where he prepared Ex.P11 observation mahazar and Ex.P1 sketch in the presence of P.W.4. He also seized M.O.1 series, two bricks, under cover of Ex.P2 mahazar. On 13.10.1999 at about 6.00 a.m. P.W.8 arrested the accused at the junction of four roads, Chithode and remanded him to judicial custody.

6. On 11.12.1999 at about 4.30 p.m. the injured, inspite of treatment in the Government Hospital, Erode died. P.W.6, who was on duty at that time sent Ex.P6 death intimation to Out-post Police Station. P.W.9 who was incharge of chithode police station as Inspector of Police received the intimation and altered the F.I.R. to the offence under Section 302 I.P.C. and prepared Ex.P.12 altered F.I.R. and sent the same to the Judicial Magistrate, No.3, Erode. He also inspected the scene of occurrence and verified the investigation of P.W.8. On 12.12.1999 between 4.00 a.m. to 7.a.m. he conducted inquest on the body of the deceased in the presence of panchayatdars. Ex.P13 is the inquest report. Along wi