Extreme provocation can reduce murder charges under Section 302 IPC to culpable homicide under Section 304 IPC when intent to kill is absent.

JUDGMENT :

The accused, Tirupathi, son of Gurusamy, who had been convicted and sentenced for commission of offence punishable under Section 302 IPC by the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur and sentenced to undergo Life imprisonment and fine of Rs.10,000/- in default, one year Simple Imprisonment in S.C.No.21 of 2011 by judgment dated 21.11.2019, has filed the present Criminal Appeal.

2. The appellant/accused and his wife P.W.7/Muneeswari were residing at Panankulam in Virudhunagar District. It is the case of the prosecution that the appellant suspected his wife/Muneeswari (P.W.7) to have illicit relationship with Muthukaruppan, the deceased.

2.1. It is the further case of the prosecution that owing to this allegation, there were frequent quarrels between the accused and his wife/Muneeswari (P.W.7).

2.2. It had also been stated that three months prior before the incident complained of in this case, in the night at 9.00 p.m., the accused had seen the deceased Muthukaruppan coming out of his house and had picked up a quarrel with the deceased Muthukaruppan.

2.3. It is further stated that on 29.06.2010 at around 11.45 p.m., when the accused went to his house and knocked at the door, Muthukaruppan came rushing outside from the house wearing a lungi. The accused then picked up a wooden stick measuring about 2 ½ feet in length and chased Muthukaruppan and hit him on his head and on the scalp. Muthukaruppan fell down and died. Accordingly, the accused was charged with commission of offence punishable under Section 302 IPC.

2.4. The accused denied the charge and claimed to be tried. Accordingly, the prosecution examined P.W.1 to P.W17 witnesses and marked Exhibits Ex.P.1 to Ex.P16 documents. The prosecution also produced the M.O.1 to M.O.6 material objects.

2.5. On conclusion of trial, the accused was questioned under Section 313 Cr.P.C. and his statements were recorded. The learned Trial Judge/ Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, had found that the charge had been proved beyond reasonable doubt and therefore, convicted the appellant for offence punishable under Section 302 IPC and sentenced him to undergo Life imprisonment and fine of Rs.10,000/- in default, simple imprisonment for a period of one year. Questioning such conviction and sentence, the present appeal had been filed.

3. The prosecution to prove the charges had examined P.W. 1/Kandhan, the father of the deceased. In his statement, he stated that normally in the night hours at around 9.00 p.m., his son Muthukaruppan would come home to eat dinner but on 29.06.2010, he did not come to eat dinner and therefore, he (the witness) along with P.W.2, who is his other son went in search of Muthukaruppan.

4. At that time, they heard a cry and when they ran towards that particular direction, they saw the accused/Tirupathi hitting Muthukaruppan on the head with a (cUl;L fk;g[) (wooden stick). He also saw his son falling down. He further stated that even after he fell down, the accused/Tirupathi hit his son all over his body and there was a blood flow. He stated that he and his other son/P.W.2 went to the place of occurrence. They found Muthukaruppan dead.

5. In this connection, the father of the deceased/P.W.1 had given a complaint to the Krishnankovil Police Station by around 1.