The court upheld the conviction under Section 325 IPC, affirming that a lesser charge can be sustained even if the greater charge is not proven, provided there is sufficient evidence.

JUDGMENT :

The Appellants/Accused 1 to 4 have preferred the instant Criminal Appeal questioning the correctness and validity of the judgment dated 31.05.2017 passed in S.C. No. 291 of 2015 passed by the learned Sessions Judge, Fast Track Mahila Court, Villupuram.

2. The brief facts, which are relevant for disposal of this Criminal Appeal, are as follows:

2.1. The case of the Prosecution is that the deceased in this case is Andal. She is a resident of Paranthanthangal Village, within the jurisdiction of Sathiyamangalam Police Station. The deceased Andal was residing along with her husband Desingh who was a fortune teller. The Accused in this case are residing just opposite to the house of the deceased. On 25.04.2014, some people who had came to the house of the deceased Andal to seek the help of her husband Desingh/fortune teller, were alleged to have plucked mangoes from the Mango tree within the compound of the opposite house. Irked by the same, the family members residing in the opposite house of the deceased are alleged to have picked up quarrel with those persons who visited the house of the deceased to seek fortune teller's help. Subsequently, the quarrel intensified between the members of the opposite house family as they have alleged to have scolded the husband of the deceased Desingh/fortune teller with filthy words.

The deceased, as wife of the fortune teller, asked them as to why they are using harsh and abusive words against her husband and thus, enemity had developed between the parties. While so, on 27.04.2014 at about 6.30 a.m, when the deceased, wife of fortune teller was putting ''kolam'' in front of her house, the persons who are residing opposite house, picked up quarrel and came to the house of the deceased Andal, pulled her hair and kicked on her stomach and she cried in pain and became unconscious. Therefore, her husband Desingh took her to Government Hospital, Gingee, from where she was referred to Government Medical College, Villupuram Mundiyampakkam for better treatment. However, inspite of treatment given for two days, the deceased died. The husband of the deceased i.e., Desingh/fortune teller had preferred a complaint against the family members of the opposite house for the death of his wife. Based on the complaint given by her husband a case was registered by the Sathiyamangalam Police against the family members residing just opposite house of the deceased in Cr.No.38 of 2014 for the offence under Section 302 of IPC . Ex.P-1 is the complaint given by husband of the deceased Andal. Ex.P-7 is the First Information Report.

2.2. On receipt of a copy of the FIR in Ex.P-7, P.W-10 – Inspector of Police proceeded to the place of occurrence, prepared observation Mahazer under Ex.P-6, Rough Sketch under Ex.P-8 in the presence of witnesses Jothi- P.W-6 and on Sokkanathan. P.W-10 gave a request letter to the duty Medical Officer to conduct post mortem over the body of the deceased Andal through Police Constable-Selvakumar. The Inspector of Police-P.W-10 also conducted inquest over the body of the deceased in the presence of Panchayadar and witnesses and the report prepared by him under Ex.P-9. P.W-10, in the course of his investigation, examined Arjunan-P.W-4, Pasumalai, Ayyasamy, Mani and Sakthivel and recorded their statements. He arrested Accused 1 to 3 near Alampundi bus stop and sent them to judicial custody with requisition letter to learned Judicial Magistrate, Gingee for their remand. He then proceeded to the place of occurrence and recorded the statement of witnesses P.W-2- Sathyaseelan, P.W-7-Selvi, P.W-3-Kasthuri, P.W-6-Jothi and P.W-5- Dr.Gitanjali. P.W-10 also recorded the statement of Dr. Gitanjali P.W-5 and he also recorded the statement of Scientific Officer of Forensic Department Thiru. Raju and Selvakumar- Police Constable who had identified the body of the deceased to the Doctor and received that body after post-mortem. After completion of the investigation, P.W-10 laid the final report before the