Conviction altered from Section 302 IPC to Section 304(2) IPC due to lack of evidence for premeditation or intent, resulting in reduced sentence.

ORDER :

V. SIVAGNANAM, J.

The appellant has filed this appeal against the judgment dated 12.03.2021 passed by the I Additional District and Sessions Judge Court, Coimbatore in SC.No.132 of 2019.

2. The appellant/accused was charged and prosecuted under Section 302 IPC by the Inspector of Police, Annur Police Station in Crime No.45 of 2019.

3. To prove the prosecution case, prosecution has examined 13 witnesses, PW 1 to PW13, and marked 13 documents Ex.A.1 to Ex.A.13. Besides, one material object MO.1 is marked. Incriminating prosecution witnesses explained to the accused under Section 313 Cr.P.C. He denied them as false. Further, the accused has not examined any witnesses nor exhibited any documents.

4. After considering the evidence and documents, the Trial Court convicted and sentenced the appellant for the offences under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 3 months.

5. The prosecution case is that the deceased Sivasamy was residing at Senkattuthottam, Ganesapuram in Annur Police Station limits in Coimbatore District. The accused Binojyakka, belonging to Kunthura Village in Koraput District in Odisha State, had come to Coimbatore District with his friends and was searching for employment. On 31.01.2019 the accused went to Ganesapuram to seek employment and trespassed into the gardens of the said Sivasamy.

6. On 31.01.2019 at about 6.00 A.M, Sivasamy (since deceased) with witnesses PW1/Chelladurai, PW2/Shanmugasundaram and Karunakaran completed walking and was consuming tea in front of his house at his garden. On noticing the entry of the accused into the said garden, Sivasamy questioned him who was he and why did he come there. The accused gave some reply in Hindi. Sivasamy asked the accused to go out of the place. But the accused did not move. Hence Sivasamy took him to Kovai to Sathiyamangalam Main Road, left him and was returning to his house on the mud Road. At that time the accused, with the intention of committing the murder of Sivasamy, picked up a coconut fiber and hit Sivasamy repeatedly with the said weapon on his head and back. Sivasamy fell down unconsciously.

7. PW1/Chelladurai took Sivasamy in his Omni car to Kovai Medical Centre Hospital, Kovilpalayam at 7.05 A.M, PW6/Dr.Vishnupriya examined Sivasamy and declared that he was already dead. She issued Ex.P.6 Accident Register copy and Ex.P.7 Death Intimation. Meanwhile while he was chased from the scene of occurrence by witnesses, the accused fell down and sustained injuries. He was admitted at Annur Government Hospital at 7.50 A.M by PW2 Shanmugasundaram and PW4 Moona @ Sithender Bagh. PW8/Dr.Kannan examined the accused for the injuries and issued Ex.P.10 Accident Register copy.

8. PW1/Chelladurai appeared at Annur Police Station on the same day at 8.30 A.M and gave Ex.P.1 written complaint. Sivasamy, Sub Inspector of Police received it and registered Ex.P.11 FIR in Cr.No.45 of 2019 under Section 302 IPC against the accused Binojyakka. PW12/Venkatesan, the Inspector of Police, Annur Police Station took up the investigation.

9. During investigation, PW12 visited the scene of occurrence on the same day at 9.15 A.M in the presence of PW7/Muthusamy and Selvaraj and prepared Ex.P.12 rough sketch and Ex.P.8 observation mahazar. He examined witnesses. He seized MO.1 coconut fiber under Ex.P.9 recovery mahazar at 10.15 A.M from the scene of occurrence. He held inquest over t