The intention to kill is an essential ingredient of the offence of murder under Section 302 IPC. In the absence of such intention, the offence may be reduced to culpable homicide not amounting to murder under Section 304 Part II IPC.

Janarthanam, J.

The appellant was the accused in S.C. No. 19 of 1986 on the file of Court of Sessions, Tiruchirapalli Division, Tiruchirapalli.

2. He was found guilty under Secs.324 and 302, I.P.C., convicted thereunder and sentenced to rigorous imprisonment for one year for the offence under Sec.324, I.P.C. and imprisonment for life for the offence under Sec.302, I.P.C, with a direction that the sentences are to run concurrently. Aggrieved by the conviction and sentence, the present action had been resorted to.

3. Brief facts are:

.(a) The accused is a resident of Koppu Village. His wife is P.W.3, a resident of M.G.R. Nagar, Puthur, Trichy. Her mother, is one Dhanapackiam (since deceased). Her father is by name one Murugesan.

.(b) The marriage between the accused and P.W.3 took place some seven years prior to the occurrence, which event happened on 3rd April, 1985. Ever since the marriage, the relationship between the spouses did not appear to be cordial. There were very often bickerings and skirmishes between them, resulting in P.W.3 leaving the matrimonial abode and taking shelter in her parents’ house. The accused, in turn, would somehow or other pacify his wife, P.W.3 and take her back to the matrimonial abode. This sort of bickerings between them, the wife running away from the matrimonial abode to take shelter in her parents’ house and again her returning back to the matrimonial abode had become a routine affair in their concourse of marital life.

.(c) It so happened that a few days prior to the occurrence, that is to say, on 30.3.1985, P.W.3 had the usual quarrel with her husband-accused, the consequences of which was she returned to her parents’ house, taking her bags and baggages, along with children.

.(d) The accused, two days thereafter, went to his inlaw’s house, in a bid to again pacify his wife, P.W.3 and take her back home again. This time his efforts to take back his wife, P.W.3 from his in-law’s house, faced a dismal failure. The sordid fact was that on 4. 1985, when such an attempt had been made by him, he was stated to have been beaten by his father-in-law, Murugesan, resulting in the preference of a complaint by him before Woraiyur Police who, in turn, without registering any case, somehow or other, mediated the dispute, in an amicable way and sent back the accused. Thereafter, the accused did not return back to his house. He was somehow or other available in Woraiyur- Puthur itself with a determination to take back his wife.

.(e) It appears that before ever such a mediation was effected, the accused had been sent to the hospital for treatment. P.W.6 the then Civil Assistant Surgeon attached to the Government Headquarters Hospital, Tiruchirapalli examined the accused at 11.10 p.m., and treated him for the injury he found on his person. Ex.P-4 is the wound certificate he issued. He would opine that the injury he found and described in Ex.P-4 are simple in nature.

.(f) On 4. 1985, the accused was sitting in Raja Laundry belonging to P.W.2 situate at Wayalur Road, Puthur. The time was then 9 a.m. At that time, his wife P.W.3 was proceeding towards market, facing the said laundry. The accused entreated his wife, P.W.3 then to come along with him to his house. P.W.3 did not accede to such a course and ran away from there.

.(g) In the evening at 5 p.m., the accused and P.W.3 had a bickering in front of Vekkaliamman Lodge, of which P.W.4 is the manager. The wordy altercation between them developed in a mutual fight. In the process of such a fight, both of them rolled on the ground. Such a mutual fight went on for a few minutes. Somehow or other, the wife, P.W.3, wriggled out of the clutches of the accused and attempted to run. On seeing such an occurrence, P.W.4 informed over phone to the Police Control Room of which P.W.9, Head Constable was then in charge. On receipt of such an information, P.W.9 made arrangements for sending a police van to the scene.

.(h) In the process of chasing, the ac