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IN THE MADURAI BENCH OF MADRAS HIGH COURT
S. NAGAMUTHU AND V.S. RAVI, JJ.
A. Selvaraj Kumar - Appellant
Vs.
State - Respondent
CRL.A[MD].No.331 of 2013
Decided On : 20.08.2015
Indian Penal Code - Culpable Homicide - Section 302, Section 304(i)
Fact of the Case:
The appellant was charged with the murder of his wife. Eyewitnesses testified to a quarrel between the appellant and the deceased, followed by the discovery of the deceased's body with multiple cut injuries. The appellant was arrested, and a weapon stained with blood was recovered. The appellant denied the charges.
Finding of the Court:
The court found that the appellant caused the injuries resulting in the deceased's death, but concluded that the act was a culpable homicide, not murder, due to grave and sudden provocation. The court considered mitigating factors such as the appellant's family situation and lack of bad antecedents.
Issues: The issues revolved around the credibility of eyewitnesses, the recovery of the weapon, and the nature of the appellant's act - whether it constituted murder or culpable homicide.
Ratio Decidendi: The court applied Section 114 of the Indian Evidence Act to infer grave provocation, leading to the appellant's loss of mental balance. The act was deemed to fall under the First Exception to Section 300 of the Indian Penal Code, resulting in a conviction for culpable homicide under Section 304(i) of the Indian Penal Code.
Final Decision: The appellant's conviction under Section 302 of the Indian Penal Code was set aside, and he was instead convicted under Section 304(i) of the Indian Penal Code, with a sentence of rigorous imprisonment for seven years and a fine of Rs.1,000/-.
S. NAGAMUTHU, J.
The appellant is the sole accused in S.C.No.88 of 2012, on the file of the learned Sessions Judge, Kanyakumari District at Nagercoil. He stood charged for the offences punishable under Sections 498(A) and 302 of the Indian Penal Code. By Judgment dated 06.11.2013, the Trial Court has acquitted the appellant from the charge under Section 498(A) of the Indian Penal Code, but convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.
2. The case of the prosecution, in brief, is as follows:-
The deceased, in this case, was one Mrs. Anitha. The accused is the husband of the deceased. There were frequent quarrels between the accused and the deceased for a long time. On 12.12.2011, it is alleged that there was a quarrel between the accused and the deceased. PW-1 is the father of the deceased. He came to the house of the accused incidentally. On seeing the accused and the deceased quarreling, he tried to pacify them. The accused sent him out of the house and closed the door. When PW-1 was outside the house, he heard the cry of the deceased from inside seeking help. But, the accused did not open the door. The neighbours also gathered. Then, the accused opened the door and came out of the house. At that time, the accused had an aruval in his hand, which was stained with blood. When PW-1 and the others entered into the house, they found the deceased lying dead with cut injuries on her body. This was witnessed by PW-2 and PW-3 also.
2.1. Then, PW-1 rushed to the Anjukiramam Police Station. At 10.00 AM, on 12.12.2011, he made a complaint to PW-12. She registered a case in Crime No.1253 of 2011, under Section 302 of the Indian Penal Code. EX-P1 is the complaint and EX-P12 is the First Information Report. Then, he forwarded EX-P1 and EX-P12 to the Court through a Constable and handed over the case diary to PW-13 for investigation.
2.2. Taking up the case for investigation, PW-13 proceeded to the place of occurrence, prepared an Observation Mahazer and a Rough Sketch, showing the place of occurrence, in the presence of PW-6 and another witness. Then, he conducted autopsy on the body of the deceased between 11.30 AM and 01.30 PM. He forwarded the dead body for postmortem.
2.3. PW-8, Dr. R. Rajesh, conducted autopsy on the body of the deceased, on 12.12.2011, at 03.40 PM. He found the following injuries:-
"1. 7 X 2 CM X bone deep oblique cut injury seen over the centre of lower with trailing of 3 CM over the left side of wound. On examination, the underlying muscles and mandible bone found cut.
2. 4 X 3 CM X skin deep horizontal flapping type of cut injury seen over the upper aspect of neck. It is 2 CM below the symphysis menti.
3. 12 X 2 CM X cervical bone deep, horizontal cut injury seen over the right side of neck. It is 5 CM below the lower end of right ear. On examination, the 5 underlying muscles, vessels, wind pipe, food pipe and C4 and C5 cervical vertebra found cut.
4. 3 X 1 CM X skin deep horizontal cut injury seen over the left side of front of neck. It is 6 CM below the symphysis menti.
5. 8 X 1 CM X skin deep cut injury seen over the right side of neck. It is 6 CM below the lower end of right ear.
6. 10 X 3 X cervical bone deep horizontal cut injury seen over the right side of neck 7 CM below the lower end of right ear. On examination, the underlying muscles, vessels, wind pipe, food pipe and C6, C7 cervical vertebra found cut.
7. 2 X 1 CM X 1/2 CM horizontal cut injury seen over the left side of front of chest. It is 7 CM below the middle of left collar bone, there is a trailing of 5 CM over the right side of the wound.
8. 1 X 1-1/2 X 1/2 CM cut wound seen over the outer aspect of left collar bone region.
9. 4 X 1/2 CM X skin deep superficial horizontal cut injury seen over the left sid
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