The main legal point established in the judgment is the determination of the accused's intention and the nature of the injuries caused, leading to the appropriate charges and convictions under the Indian Penal Code.

S.NAGAMUTHU, J.

The appellant is the sole accused in S.C.No.27 of 2012 on the file of the learned Principal District and Sessions Judge, Ariyalur. He stood charged for offences under Sections 302 and 307 IPC. By judgment dated 29.06.2012, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 302 IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,500/-, in default to undergo rigorous imprisonment for six months for the offence under Section 307 IPC. Challenging the said conviction and sentence, the accused/ appellant is before this Court with this appeal.

2. The case of the prosecution, in brief, is as follows:

[a] The deceased in this case was one Mr.Rajendran. He was residing at Suriyamanal North street at Jayankondam in Ariyalur District. The accused is his sister. P.W.1 is the mother of the deceased and the accused. The deceased had a wife by name Kannagi and a daughter by name Thendral. P.W.1 was residing with her second son separately at a different place, but, in the same village.

[b] On 22.01.2010, the wife and daughter of the deceased had gone to Melmaruvathur temple and thus, the deceased alone was in his house. Before 11.00 p.m., on 22.01.2010, the accused had gone to the house of the deceased. The deceased informed the same to P.W.1 and wanted her to come over to his house. Accordingly, P.W.1 came to the house of the deceased. On reaching the house of the deceased, when P.W.1 asked the accused as to why she had come at that odd hour, she told her that she had come to a Doctor for treatment and since there was no bus facility thereafter, she had come to the house of the deceased to stay for overnight. The accused in turn asked P.W.1, as to why she had come all the way to the house of the deceased leaving behind the husband of P.W.1, who is an old man. The deceased told her that he only asked her to come. Thereafter, the accused did not have food at the house of the deceased. All the three of them stayed in the house.

[c] It is alleged that the accused had some suspicious character. Suspecting her fidelity, the deceased had reprimanded her on a few occasions. This was not to the liking of the accused. This is stated to be the motive for the occurrence.

[d] On 22.01.2010, after having food, P.W.1 and the deceased had gone asleep. The accused was sleeping on a mat by the side of P.W.1. The two children of the deceased had come and they were sleeping along with the deceased in a different portion of the house.

[e] Around 12.00 midnight, the accused went to the backyard of the house. P.W.1 followed her. Then, the accused returned and again started sleeping. By about 4.00 a.m., when P.W.1 was also sleeping, she heard some unusual noise indicating some foul play. Awakened by the said noise, when P.W.1 rushed to the direction from where the noise came, she found the accused cutting the deceased repeatedly, where the deceased was lying asleep. When P.W.1 intercepted and attempted to prevent her from further cutting the deceased, the accused cut P.W.1 also on her head twice and on her hand once. Unable to bear the pain, P.W.1 raised alarm. P.W.4, the son of the deceased was sleeping. Awakened by the above incident and after having witnessed the same, he ran towards the main entrance and opened the door. P.Ws.2 and 3 who were the neighbours, on hearing the alarm raised by P.W.1, rushed to the house of the deceased. At that time, they found the accused fleeing away from the house of the deceased. Then, the deceased died on the spot. P.W.3 and others immediately took P.W.1 to the Government Hospital, Jayankondam.

[f] P.W.15, the Assistant Surgeon at the Government Hospital, Jayankondam examined P.W.1 on 22.01.2010 at 5.00 a.m. She told him that she was attacked by a known person with knife at about 4.00 a.m. on 22.01.2010 at her