Accused to be convicted only u/s 304 Part I of I.P.C.

K.M.Natarajan, J.

The accused in S.C.No.72 of 1985 on the file of the Sessions Judge, Madurai North at Dindigul, has preferred this appeal challenging the legality and correctness of his conviction under Sec.302, I.P.C. and the sentence to suffer imprisonment for life and also under Sec323, I.P.C. (three counts) and the sentence to suffer rigorous imprisonment for six months under each count, all the sentences being directed to run concurrently. He was tried for the above two charges on the allegation that on 2. 1985 at about 2 p.m. at Bommananallur he caused the death of his father Karuppanna Gounder aged about 65 years by beating him with a cart peg on his head and left cheek and again after pushing him down stamped on his chest and neck as a result of which he later died at the Government Hospital on 2. 1985 at 11.30 a.m. and during the course of the same transaction, he beat P.Ws.1 to 3 with the same cart peg and caused simple injuries. To substantiate the above charges, the prosecution examined P.Ws.1 to 19, filed Exs.P-1 to P-19 and marked M.Os.l to 13.

2. The case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows: P.W.1 is the mother of the accused while the deceased was the father of the accused. The deceased and the accused were divided and they were living separately. P.W.l’s daughter Ramatchal was given in marriage to Rangasami who is the son of P.W.2. and they are residents of Kambalinakanpatti. The accused married one Karuppayee. The accused became an addict of arrack and ganja, and he used to demand money from P.W.1 and her husband for his illegal and immoral activities. They also used to give him money. His wife Karuppayee, on account of the conduct of the accused, left his house and went to her parent’s house. She also gave a complaint at Oddanchatram police station to P.W.15 (Grade I constable). The said complaint is marked as Ex.P-10 wherein she alleged that she sustained injuries due to beating by the accused. Karuppayee was staying in her parent’s house.

3. On the day of occurrence (2. 1985) at about 9 a.m. the accused demanded money from P.W.1. When she expressed that she has no money, he beat her. Then her husband (deceased) found fault with the accused by saying that he has become unruly and that he would bring his daughter and son-in-law and so saying, he left for Kambalinayakanpatti. At about 11.30 a.m. P.W.1 left her house and was proceeding by the side of the shed of P.W.5 through a short cut. The accused also followed her. At that time, the deceased and P.W.2 were coming from west. The accused beat P.W.1 on her head with M.O.2, cart peg, after taking the same from the cart of P.W.5. The deceased came to separate the accused. The accused beat the deceased also with M.O.2 on his head and cheek. On receipt of the injuries, the deceased fell down. The accused kicked him on his chest, as a result of which there was bleeding from the mouth and nose. P.W.2 also intervened. The accused beat him with M.O.2 on his head, forehead and shoulder. P.W.2 ran away from the place out of fear. When P.W.3 intervened, the accused beat her also on the right wrist and nape. At that time, P.W.l’s daughter Ramatchal and her husband Rangasami came there. The accused on their arrival, ran away with M.O.2.

4. P.W.4, on hearing the noise, rushed to the scene place. He noticed the deceased and P.W.1 lying with injuries. P.W.l’s son-in-law Rangasami asked P.W.4 to go over to Moolachatram and inform his son Kumarasami to fetch a taxi. Accordingly P.W.4 went and informed him. The taxi of P.W.6 was brought in which P.W.1, the deceased Karuppanna Gounder, Ramatchal, Rangasami and Kumarasami went to Oddanchatram Police Station. P.W.17, Sub Inspector of Police recorded the statement Ex.P-1 from P.W.1 as Karuppanna Gounder was unconscious. On the basis of Ex.P-1 he registered a case in Crime No.67 of 1985 under Secs.341 and 323, I.P.C. He prepared the first information r