The main legal point established in the judgment is the court's interpretation of the evidence and the application of the legal provisions to convict A.1 under Sec.304 Part II IPC instead of Sec.302 IPC based on the exceptions to Section 300 of IPC.

S. NAGAMUTHU, J.

The appellants are the accused 1 to 4 in S.C.No.68 of 2013 on the file of learned Principal District and Sessions Judge, Ariyalur. They stood charged for the offence punishable under Sec.302 IPC. By Judgment dated 30.03.2016, the trial Court convicted all the accused under Sec. 302 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.2,500/- each, in default, to undergo simple imprisonment for three months. Challenging the said conviction, the appellants have come up with this appeal.

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

(a) The deceased in this case was one Anandakrishnan. His wife is Mrs.Rani. The accused 1 and 2 are brothers; the 3rd accused is the sister and the 4th accused is the mother of Mrs.Rani. Mrs. Rani was living with the deceased at Kallathur village. These accused also belong to the same village. It is alleged that the mother of the deceased, who was all along residing at Coimbatore, died and her dead body was brought to Kallathur village for cremation. The deceased spent huge amount for the funeral of the deceased, which was objected by his wife Mrs. Rani. This resulted in a domestic quarrel between Rani and the deceased. It is alleged that at that time, all these accused came to the house of the deceased, all armed with weapons. A.1 was armed with wooden spade handle; A.2 and A.4 were armed with wooden logs and A.3 was armed with wooden reaper.

(b) It is further alleged that A.1 attacked the deceased with spade handle on the head of the deceased. A.3 attacked the deceased with wooden reaper on his head once. The deceased fell down. Thereafter, the accused 2 and 4 attacked the deceased with wooden logs. The occurrence was witnessed by P.Ws.1 to 4. They raised alarm. All the four accused ran away from the scene of occurrence. Thereafter, P.W.1 and others took the deceased to the Government Hospital, Jayamkondam at 5.00 p.m on 02.11.2012.

(c) Dr. Ravisankar (P.W.16), a Senior Civil Surgeon of the Government Hospital, Jayamkondam, examined the deceased. At that time, the deceased was unconscious. The doctor was told that four persons had attacked the deceased with spade handle at 5.00 p.m at Kallathur Main Road and he was brought by his brother. P.W.16 Doctor noticed two injuries on the body of the deceased and has mentioned as (1) A lacerated injury measuring 15 cms on the occipital area of the head (2) an Abrasion measuring 4 cms on the forehead. P.W.16 admitted him in the hospital for treatment. Thereafter, it appears that the doctor, who treated the deceased, advised him to take to Government Medical college, Thanjavur. Accordingly, he was taken, but on his way, the deceased breathed his last. The body was brought back to the Government Hospital, Jayamkondam and kept in the Mortuary. P.W1, thereafter, went to Jayamkondam Police Station and made a complaint at 9.30 p.m.

(d) P.W.18 the then Special Inspector of Police registered a case in Cr.No.604/2012 for the offence punishable under Sec.302 IPC against all the four accused. Ex.P.1 is the complaint and Ex.P.6 is the First Information Report. He forwarded both the documents to Court, which were received by the learned Judicial Magistrate at 1.30 a.m on 03.11.2012.

(e) P.W.19, the then Inspector of police, took up the case for investigation and proceeded to the place of occurrence, prepared an observation Mahazar and a Rough Sketch in the presence of witnesses. He examined many witnesses including P.Ws.1 to 4. On going over to the hospital, he conducted inquest on the dead body of the deceased and forwarded the same for Post Mortem.

(f) P.W.15, Dr. Ravichandran, Assistant Surgeon, Government Hospital, Jayamkondam, conducted autopsy on the dead body of the deceased on 03.11.2012 at 12.30 p.m and he found the following injuries:

External Injuries:

1, Sutured lacerated wound of 3 CM in linear length present over forehead - @ Midline.

2. A lacerated wound over (left) parietal region 8 cm x 4 cm x bone dep