A person cannot be convicted of culpable homicide not amounting to murder if the fatal injury was a consequential injury caused by the fall of the deceased and the accused did not have the knowledge that such a fatal injury would result.

This appellant stands convicted for the offence under Section 304 Part II Indian Penal Code by the learned Additional Sessions Judge, South Arcot District at Vellore to undergo rigorous imprisonment for five years

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

The deceased was the wife of the appellant/accused

The appellant is working as a mason. The deceased had a suspicion that the appellant was having illicit intimacy with some other women. Therefore, there were frequent quarrels between them. PW-2 who is the step mother of the appellant is residing two houses away from the house of the appellant in Poondi Colony. PW-1 is the son-in-law of the appellant having married his daughter Laxmi. He is also living in Poondi Colony. On 25-3-1988, the appellant returned home by about 8.30-9.00 p.m. after finishing his day's work. The deceased quarrelled with the appellant on suspicion that he had visited his concubine. In the quarrel between them, the appellant hit his wife on her head with the wall levelling reaper of the mason (Vernacular matter omitted) The deceased fell down and got fainted. PWs 1 and 2 were watching this event. The appellant, after the incident, left the house. As there was no one to look after the deceased. PW-2, the step-mother of the appellant, requested PW-3 and others to bring the deceased to her house, so that she could attend on her. PW-3 and his wife carried the deceased to the house of PW-2 where a paste was applied on her head to reduce the pain. On 26-3-1988, the condition of the deceased became worse and she could not even take liquid food. Soon she died. On the request of PW-2, the body of the deceased was taken to the house of the appellant. Thereafter, PW-1 informed about the incident to PW-6 the Village Administrative Officer, who prepared the report Ex. P. 1 and took it to Kondungalur Police Station. PW-8, the Sub-Inspector of Police, attached to the Kilkondugalur Police Station, received the complaint Ex. P. 1 from PW-6 and registered the same in Crime No. 26 of 1988 of his police Station under section 302 Indian Penal Code and prepared the First Information Report Ex. P. 7, which was forwarded to the Court and his superior Officers. PW-9, the Inspector of Police. Vandavasi, receiving the First Information Report, came to the house of the appellant on the same day at 7.00 p.m. and took up the investigation. He prepared a rough sketch Ex. P. 6 for the scene of occurrence and arranged to take photos through PW-7. M.Os. 12 to 14 are the photo prints and M.Os. 9 to 11 are the negatives. PW-9 conducted the inquest in the presence of the Panchayatars and prepared the inquest report Ex. P. 9. The body was sent to Vandavasi Government Hospital through the constable PW-5. PW-4, the Medical Officer attached to the Government Hospital at Vandavasi, after receiving the requisition Ex. P. 2 from PW-9 conducted the post-mortem at 10.00 a.m. on 27-3-1988. He found a swelling on the backside of the head and another swelling on the backside of the neck. The internal examination of the head revealed the presence of haemotoma back and beneath the skull, a fracture over the upper part right occipital bone 5 cm length and presence of haemotoma beneath and back of the neck region. The doctor was of the opinion that the deceased would appear to have died due to the cerebral haemorrhage 30 to 36 hours prior to the autopsy. Ex. P. 3 is the post-mortem Certificate. After the Post-mortem, PW-5 recovered the sarees, thali Kayiru, nose screw, jacket, skirt, ring etc., M.Os. 2 to 8 respectively from the body of the deceased for handing over the same to the Inspector of Police and handed over the body to the relatives of the deceased. The Inspector of Police, PW-9 arrested the accused/appellant opposite to the bus stop in Veliyambakkam in the presence of PW-6 and another. On examination, the appellant gave a confession statement, the admissible portion of which is Ex. P. 5. He took the police party and others to a