The court determined that in circumstances of domestic disputes leading to death, the accused's actions warrant a lesser charge when proven without premeditation and intent to kill.

JUDGMENT :

C.V. KARTHIKEYAN, J.

1. The accused in S.C.No.109 of 2013 on the file of Sessions Court, Mahalir Neethimandram, Madurai, who suffered conviction for offence punishable under Section 302 IPC and was sentenced to undergo life imprisonment and fine of Rs.5,000/- in default to undergo simple imprisonment for six months and also convicted for offence punishable under Section 201 IPC and was sentenced to undergo 5 years rigorous imprisonment and fine of Rs.5,000/- in default to undergo simple imprisonment for 6 months by Judgment, dated 11.09.2020 has filed the present criminal appeal.

2. It is the case of the prosecution that the Village Administrative Officer, Santhanalakshmi at Thoppur had given a complaint that on 11.04.2012 in the morning at 06.00 a.m., she had received an information from Vadivel, the husband of Thoppur Panchayat President, that at Thoppur Kanmai, a burnt dead body was present. She went to the spot at around 07.00 a.m. She found a dead body in a burnt state. She did not know whether it was a male or female body. There was a small spare part of a motor Car. She also noticed blood stains in that place. She was not able to identify the body. In this connection, she gave a complaint before the Austinpatti Police Station (Thirunagar Police Station).

3. On the basis of said complaint, FIR in Cr.No.173 of 2012 was registered under Sections 302 and 201 IPC on 11.04.2012 at around 08.00 a.m. Thereafter, the body was sent for conducting Postmortem on 14.04.2012 and the Postmortem was also conducted. In the Postmortem, extensive deep burn wounds were noted in the front and back of chest and practically all the portions of the body.

4. Independently, on 15.04.2012, the accused had appeared before the Krishnankovil Police Station and lodged a complaint that the mother of his daughter had come to Kalasalingam University on 04.04.2012 and stayed till 09.04.2012 and at 12.00 noon in the afternoon, he had sent her in a bus to Kerala, where she was studying Mohini Aattam at Kalamandalam University. He tried to contact her on 11.04.2012. But the phone was picked by a male person and later, it was switched off. He sent e-mails to her on 12.4.2012 and 13.04.2012 and there was no reply. He contacted the house owner, where she was staying at Kerala on 14.04.2012 and he informed that she had not returned back. On the basis of the complaint, FIR in Cr.No.70 of 2012 had been registered by Krishnankovil Police Station.

5. The registration of the FIR in Cr.No.70 of 2012 came to the knowledge of Inspector of Police at Thirunagar Police Station. During enquiry, it came to be known that the accused also owned a Ford Fusion Car and the spare part, which had been recovered in the scene of crime was the Gearbox of a Ford fusion Car. Thereafter, on 17.04.2012, the accused was arrested and the Car was seized. He confirmed the identity of the dead body. DNA fingerprinting test was conducted with the blood sample of the child. The DNA result proved that the deceased was actually the mother of the child. It was under those circumstances that the accused stood charged for the offence punishable under Sections 302 and 201 IPC.

6. The final report had been taken cognizance as PRC No.94 of 2012 by the Judicial Magistrate No.6, Madurai. After following due procedure, the case was committed to the Court of Sessions and made over to the Sessions Court, Mahalir Neethimandram, Madurai and taken on file as S.C.No.109 of 2013.

7. The trial Court had framed charges under Sections 302 and 201 IPC and under Section