JUDGMENT :

R. Hemalatha, J.

(Prayer: Criminal Appeal filed under Section 374 (2) of Criminal Procedure Code, 1973 against the judgment and order dated 18.06.2018 of the Principal District and Sessions Judge, Ariyalur in S.C.No.74/2016.)

1. The present appeal is against the judgment and order of the Principal District and Sessions Judge, Ariyalur in S.C.No.74 of 2016, on 18.06.2018, in which the present appellant was convicted and sentenced as detailed hereunder:

The learned Sessions Judge further directed that the sentences shall run concurrently.

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

a) Rayar (deceased) and his wife Pounammal (P.W.3) are residents of Keezhamaaligai Village, Senthurai Taluk, Ariyalur District. Periyasamy, the appellant, Rajangam (P.W.2) and Kamaraj (P.W.8) are their sons. Kalaiselvi (P.W.1) is the wife of Rajangam (P.W.2). The family properties were partitioned by the victim after retaining 50 cents of land for himself and his wife. There was dispute over partition between the appellant and his wife on one side and the deceased and his other two sons P.W.2 and P.W.8 on the other. On 17.02.2016 at about 07.00 a.m. when the deceased was brushing his teeth outside his house, the appellant and his wife Rajakumari [A2 in the Sessions case and who was acquitted by the trial Court] picked up a quarrel with the deceased Rayar. The verbal duel ended up in violence and the appellant armed with a crow-bar (M.O.2) assaulted his own father causing serious injuries to him. P.W.1 who rushed to the rescue of her father-in-law was also attacked by the appellant with the crow-bar. P.W.1 swooned and fell down Rajangam (P.W.2) and Pounammal (P.W.3) also witnessed the incident.

b) Both Rayar and Kalaiselvi (P.W.1) were rushed to Government Hospital, Jayamkondan. Dr.K.Rajarajan (P.W.16) examined P.W.1 and the deceased Rayar and gave first aid to them and referred them to Government Medical College Hospital, Thanjavur, for further treatment. The copies of Accident Registers for Kalaiselvi and Rayar were marked as Ex.P13 and Ex.P14 respectively.

c) Thiru.Rajaraman (P.W.21), Special Sub-Inspector of Police, Irumbulikuritchi Police Station, went to Government Hospital, Jayamkondan, and recorded the statement (Ex.P1) of P.W.1 and registered FIR (Ex.P17) in Crime No.41/2016 for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC against the appellant and his wife Rajakumari. He then went to the scene of occurrence and prepared an Observation Mahazar (Ex.P3) and a rough sketch (Ex.P18) in the presence of the witnesses Anbuselvan (P.W.10) and Seeman (not examined).

d) Kalaiselvi (P.W.1) was discharged from the hospital on 13.04.2016 and she was treated for a humerus fracture in her left arm and the wound certificate (Ex.P15) shows that her injuries were grievous in nature. It has also been mentioned in the Accident Register (Ex.P13) that P.W.1 sustained grievous injuries. However, Rayar succumbed to injuries on 24.02.2016.

e) Thiru. Bharathidasan (P.W.22), the Inspector of Police, Udaiyarpalayam Police Station, took up investigation and altered the sections of law to 294(b), 323, 324, 506 (ii) and 302 IPC and sent the alteration report (Ex.P16) to Court through Thirisangu (P.W.18) Grade–II Constable attached to Irumbulikuritchi Police Station. He conducted an inquest (Ex.P19) on the body of the deceased in the presence of Panchayatdhars and thereafter, sent the body for postmortem.

f) Thiru. Susilkumar (P.W.19), Grade –II Constable, identified the body of the deceasedto Dr.Tamilmani (P.W.15) who conducted autopsy o