Proper proof of post-mortem certificate and examination of the doctor who conducted the autopsy are crucial in cases where the cause of death is under dispute. The motive established by the evidence is a key factor in determining the intention of the accused.

S. Nagamuthu, J.

The appellant is the sole accused in Sessions Case No. 200 of 2010, on the file of the Additional District and Sessions Judge, Fast Track Court No. II, Poonamallee. He stood charged for the offence under Section 302 of the Indian Penal Code. By judgment dated 7.7.2011, the trial Court 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.1000/-. In default, to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the 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. Rajesh @ Rajesh Kannan. P.W.1 is the mother and P.W.5 is the father of the deceased. P.W.2 is the maternal uncle of the deceased and P.Ws.3 and 4 are the grand mother and grand father, respectively, of the deceased. The accused is none other than the maternal uncle of the deceased. In other words, he is the brother of P.W.1. The deceased was already married and he was living with P.Ws.1 to 4, under a common roof at Green Park, Thiruverkadu, in Chennai. The accused became a drunkard and he used to beat his wife, indiscriminately. On one occasion, prior to this occurrence, he attempted to strangulate his wife in drunken state. Out of good will, the deceased intervened and told the accused that he would inform the police and take action against him if he continued to act in such a disorderly manner. This was not to the liking of the accused. This is stated to be the motive for the occurrence.

(b) On 16.05.2010, in the night, the accused came in a drunken state and again quarrelled with the family members. P.W.1 and others tried to persuade him. At last, they succeeded and the accused went to the bed room of the house, which was situated on the back portion of the house and slept. P.W.1 and the deceased were sleeping in the hall of the house. P.Ws.2, 3 and the wife of the deceased were sleeping in a different portion of the house. By about 3.00 a.m., on 17.5.2010, P.W.1 and other inmates heard some foul noise coming from the house. P.W.1 got up and put on the light. She found the accused standing near the deceased with a huge grinding stone. The deceased was still sleeping. Even before P.Ws.1 to 4 would intervene, the accused dropped the said grinding stone intentionally on the head of the deceased. The deceased sustained injuries on his head and he started bleeding through nose and mouth. The accused fled away from the scene of occurrence. P.W.1 and others immediately took the deceased to Sri Ramachandra Medical Hospital at Porur. P.W.9 examined the deceased at Sri Ramachandra Medical Hospital at 5.10 a.m. on 17.5.2010. The deceased was unconscious. P.W.1 told the Doctor that while the deceased was sleeping, a known person dropped a grinding stone on his head. P.W.9 found fracture of the skull, nostril bone and other bones. Since his condition was very bad, the Doctor instructed to rush him to the Government Hospital. Ex.P5 is the Accident Register. Accordingly, they shifted the deceased to the Rajive Gandhi General Hospital at Chenani, at 3.28 p.m. P.W.10 Dr. Praburaman, gave treatment to the deceased. The C.T. scan taken on the head of the deceased revealed that there was a fracture on the left and right parietal bones. There were extensive haemorrhages in the brainstem as well as in the brain. Despite, treatment, the deceased died on 22.5.2010 at 8.05 p.m. Ex.P6 is the death intimation.

(c) In the meanwhile, P.W.1 went to Thiruverkadu Police station, on 17.5.2010 at 8.00 a.m. and made a complaint under Ex.P1. P.W.15, the then Sub-Inspector of Police, on receipt of the same, registered a case in Cr.No.188 of 2010, under Sections 336 and 307 of the Indian Penal Code, on 17.5.2010 at 8.00 a.m. Ex.P14 is the First Information Report. He forwarded both the documents to the Court, which were received by the learned Magistrate at 2.30 p.m. on 1