Conviction for murder can be reduced to culpable homicide not amounting to murder if committed in a sudden fight without premeditation, as established in this case.

The accused, Palanimurugan @ Palani in S.C.No.115 of 2013 on the file of the I Additional District and Sessions Court at Tirunelveli aggrieved by the judgment dated 18.03.2021, by which judgment he had been convicted for the offence punishable under Sections 341 IPC and sentenced to undergo simple imprisonment for one month and further convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs.1000/- and in default to undergo three months simple imprisonment and further convicted for the offence punishable under Section 307 IPC and sentenced to undergo imprisonment for life and fine of Rs.1,000/- and in default to undergo three months simple imprisonment and further convicted for the offence punishable under Section 506(ii) IPC and sentenced to undergo seven years imprisonment, has filed the present Criminal Appeal. It had further been directed that the sentences imposed shall run concurrently. It was further directed that the period of detention, if any, already undergone, should be set off under Section 428 of Cr.P.C.

2. The case of the prosecution is that PW-1, Muthulakshmi was residing along with her husband, Esakki Thevar and her two sons, Mahesh and Lakshmanakumar at Door No.6/11, Andal Street, Thimarajapuram, Palayamkottai. The accused Palanimurugan @ Palani was residing in the nearby house belonging to his mother-in-law, Jeya. It is contended by the prosecution that PW-1, Muthulakshmi had kept straw bales in the waste land on the northern side of her house. The mother-in-law of the accused, Jeya had also similarly kept straw bales on the northern side of the straw bales kept by PW-1. In between there was a thorny bush separating the sets of straw bales. About twenty days prior to the occurrence, it is contended that the accused Palanimurugan @ Palani, his wife Selvi and mother-in-law Jeya had cut the thorny bush fence around their straw bales. That was questioned by PW-1 Muthulakshmi and her son Mahesh. They complained that, if the thorny bushes are cut, then the cows would come and eat the straws. The accused and his family members replied that that was how they would be. They had also threatened PW-1 and her sons. This was said to be the cause of enmity between the family of the accused and the family of PW-1.

3. On 27.02.2011, at around 6.45 PM, when PW-2, Lakshmanakumar, the elder son of PW-1, was coming near the house of the mother-in-law of the accused, the accused is said to have wrongfully restrained him. A quarrel enunciated. Words were also spoken. PW-1, Muthulakshmi and her younger son Mahesh then questioned the accused as to why he is creating problem. It is the case of the prosecution that the accused with intention to murder had taken a long knife and had cut Mahesh on the right shoulder and left thigh. He collapsed on the ground, injured. This was tried to be prevented by PW-2, Lakshmanakumar. It is stated that the accused also cut the ear, chest, stomach, right hand fingers, left wrist, left little finger with the same knife and caused injuries to PW-2. It is stated that t