The court modified the conviction from murder to voluntary grievous hurt under section 325 IPC, ruling that the accused lacked the intent to kill despite causing death due to the victim's injuries during a scuffle.

JUDGMENT :

(G. ILANGOVAN, J.)

This Criminal Appeal is filed against the judgment, dated 26/07/2019 passed in SC No.30 of 2018 on the file of the Principal Sessions Court, Karur.

2. The case of the prosecution in brief :-

On 07/06/2007 at about 03.45 am, when the de-facto complainant Ravichadran and his wife were going on separate two wheelers to supply milk pockets, the accused said to have restrained the deceased Ravichandran abused him in filthy language as to why he gave the complaint against him, fisted him repeatedly on the face and nose and pushed him down. Due which, the de-facto complainant fell down, taken to Appolo Hospital, but was declared dead. As such on the complaint of the deceased's wife/Kamalavathi, a case in Crime No.432 of 2017 was registered by the respondent police for the offences under sections 341, 294(b), 506(i) and 302 IPC. After completion of the investigation, final report was filed. It was taken on file in SC No.30 of 2018 by the Principal Sessions Judge, Karur. After completing 207 Cr.P.C proceedings, it framed the following charges:-

(i) On 07/06/2017 when the de-facto complainant and her husband Ravichandran went to distribute mill pockets in separate two vehicles near Alagappa Nagar, the accused came in a two wheeler, waylaid the deceased Ravichadnran and thereby the accused committed an offence punishable under section 341 IPC;

(ii) In continuation of the above said occurrence, the accused abused the deceased Ravichandran in filthy language why he lodged the complaint against him and thereby, the accused committed an offence punishable under section 294(b) IPC;

(iii) In the above said occurrence the accused assaulted the deceased Ravichandran on his nose, mouth and chest, due to which, he fell down and got injuries in his head and thereafter, he died in the Apollo Hospital, Karur and thereby the accused committed an offence punishable under section 302 IPC;

(iv) In the above said occurrence, when the witness Kamalaveni asked the accused why he assaulted he husband, the accused threatened her with dire consequences and thereby, committed an offence of 506(i) IPC.

4. To that charges, the accused pleaded not guilty and claimed to be tried.

4. During trial, on the side of the prosecution, 18 witnesses were examined and 23 documents marked. Apart from that, 4 material objects were marked. On the side of the accused, no oral evidence was adduced, but 2 documents were marked.

5. PW1 is running a Tea Shop in Pasupathipalayam. Her deceased husband was doing mill vending business. To help him, PW1 was also used to go along with him. Some three years prior to the date of trial, the accused was working under her husband. They came know that he misappropriated the business money. So, her husband stopped the accused from the work. Later the accused was doing his own business. Because of that, her husband gave a complaint against the accused in Pasupathipalayam police station stating that the accused is interfering in the business by supplying milk to his customers. In the enquiry, the accused gave an undertaking that he will not supply milk to her husband's customers. After that, on 07/06/2017, they went to the work as usual. Near Alagapuri at about 03.45 am, the accused intercepted them, picked up quarrel as to why her husband gave the complaint, caused assault with hands. Because of the repeated assault, her husband sustained bleeding