The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under Section 304(I) IPC, based on the evidence presented and the circumstances of the case.

M. Chockalingam, J.

Challenge is made to the judgment of the Principal Sessions Division, Coimbatore made in S.C.No.396 of 2006 whereby the accused/appellant stood charged, tried and found guilty of murder and awarded life imprisonment along with a fine of Rs.1000/-, in default, to undergo three months rigorous imprisonment.

2. The short facts necessary for the disposal of this appeal can be stated as follows:

(i) P.W.2 is the daughter of the deceased Lakshmi. The deceased is the daughter of

P.W.1 and P.W.4. The accused married Lakshmi and due to the wedlock, they have three children. P.W.2 is the first child. The accused often used to quarrel with his wife and P.W.1 used to take her daughter to his house and thereafter, he used to pacify her and sent her daughter back to matrimonial home. On the date of occurrence i.e., on 13.3.2005 at 3.30 p.m. the accused came to his house and asked his wife whether she had prepared mutton for lunch. She answered in the negative. Immediately, the accused caught her tuft and dashed her head on the wall. The deceased Lakshmi fell down. This was witnessed by P.W.2 and Arumugam, the brother of the accused. The deceased Lakshmi was taken to the hospital in an auto. She was examined by a doctor and was declared dead. Thereafter, the deceased was taken back to her house. An information was given to P.W.1 and P.W.4, father and mother of the deceased. They came to the house of the deceased and found their daughter dead.

(ii) P.W.1 proceeded to the respondent Police station and gave a complaint Ex.P.1. On the strength of Ex.P.1, a case came to be registered by P.W.10, Sub Inspector of Police in Crime No.15 of 2005 under section 174 Cr.P.C. Following the same, Ex.P.6 First Information Report along with Ex.P1 complaint was dispatched to Court.

(iii) P.W.12, Inspector of Police took up investigation. He proceeded to the spot, made an inspection and prepared the observation mahazar Ex.P5 and also drew a rough sketch Ex.P7. He conducted inquest on the dead body of the deceased in the presence of witnesses and panchatdars and prepared Ex.P8, inquest report. He also recovered the material objects from the place of occurrence. The dead body was subjected to post mortem.

(iv) P.W.3 doctor attached to the Coimbatore Medical College and Hospital, on receipt of the requisition, conducted autopsy on the dead body of the deceased Lakshmi and found the following ante mortem injuries.

"Horizontally oblique incomplete ligature abrasion seen encircling the upper part of neck 22x3 cms with a gap of 17 cms seen in the back of neck where it merges with the hair line.

The anatomical location of the ligature mark are as follows:

-2 cms below right ear,

-6cms below chin and

-6 cms below left ear."

The said doctor gave his opinion as a witness before the Court and also through the contents in the post mortem certificate Ex.P.3 that the deceased would appear to have died of violent compression over the neck.

(v) Pending investigation, the investigating officer arrested the accused on 17.3.2005. He gave confessional statement and the same was recorded. Thereafter, he was sent for judicial remand. On completion of the investigation, the investigating officer filed a final report.

(vi) The case was committed to the Court of Sessions. Necessary charges were framed. In order to substantiate the charges, the prosecution examined 12 witnesses and relied on 9 exhibits. No material object was marked. On completion of the evidence on the side of the prosecution, the accused was question under section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution and the accused denied them as false. No defence witness was examined. The trial Court heard the arguments advanced on either side and took the view that the prosecution has proved the case beyond reasonable doubt and found the accused/appellant guilty of murder and awarded life imprisonment along with fine and default sentence as