The court determined that killing during a sudden quarrel, spurred by provocation, constitutes culpable homicide rather than murder, warranting a conviction under lesser charges.

JUDGMENT :

M. JOTHIRAMAN J.

This appeal has been filed to set aside the judgment passed in SC.No.133 of 2015, dated 03.01.2018 on the file of IV Additional District and Sessions Court, Erode at Bhavani.

2. The brief case as per the final report laid down by the Inspector of Police, Bhavani Police Station:

i) The deceased Karthikeyan, A1/Anbu @ Anburaj, A2/Sasi @ Sasikumar (who died pending trial) and PW4 Yuvaraj, were friends. On 08.02.2015, at about 22.00 hours, they were consuming alcohol near the staircase of the Amman Digital Photo Studio. At that time, there was a wordy quarrel between the deceased and A1. The deceased scolded A1 with filthy language degrading A1’s mother and A1 got grudge over the same. On the same day at 22.15 hours, A1 went to his fruit shop, and brought the MO1 knife and asked A2 to caught hold of the deceased. Accordingly, A2 caught hold of the deceased and A1 inflicted stab injuries on the chest and neck of the deceased by MO1. The deceased died on the spot itself. Thus, the accused committed the offence punishable under Section 302 r/w.34 IPC .

ii) The Judicial Magistrate, Bhavani took the case on file in PRC.No.10 of 2015. On the appearance of the accused, the Court furnished copies of the documents under Sec. 207 of Cr.P.C. Thereafter, the case was committed to the Principal District and Sessions Court, Erode. Subsequently, the case was taken on file in SC.No.133 of 2015 and made over to the learned IV Additional District and Sessions Judge, Erode. The Court below framed charges under Section 302 r/w. 34 IPC . The accused denied the charge and pleaded not guilty and claimed to be tried.

3. The brief case of the prosecution is as follows:

i) PW1, Muthusamy, is the father of the deceased and PW2 is the brother of the deceased. On 08.02.2015, PW1 and PW2 came to home after closing their Salon at 10.15 p.m. PW4 came to PW1’s house and informed that the deceased, A1 and A2 fighting each other. Upon hearing the same, PW1 and PW2 immediately rushed to the place of occurrence. They said that A2 caught hold of the deceased and A1 stabbed the deceased on his neck and also cut his neck. A1 was standing with MO.1 knife in his hand. On seeing them, the accused told that no one could do anything and they can manage everything. The deceased was lying on the ground with pool of blood. The deceased was taken to Hospital. While going to Hospital, he died and PW1 lodged Ex.P1 complaint and also identified MO.1 knife and the dress worn by the deceased as MO.2 to MO.4. PW3, Krishnaveni, is the mother of the deceased and she also stated the similar version of PW1.

ii) PW4, Yuvaraj, deposed that at about 6 p.m. to 7 p.m., the accused A1 was standing near a wine shop. PW4 asked A1, where was the deceased and A1 slapped him. Hence, PW4 went and slept in Mayura Complex. 15 Policemen came and woke him and took him to Chinthamani Super Market, where the deceased was lying. PW4 was under the impression that the deceased was lying under intoxication. PW4 was taken to Police Station and the Police also took the accused to the Police Station.

iii) PW5, Govindaraj and PW6, Raja attested the Observation Mahazar prepared by the Police and they are also witness to the Ex.P19 Seizure Mahazar, under which blood stained tiles and without blood stained tiles recovered from the scene of occurrence.

iv) PW7 Kesavan, who is a Driver, deposed that at about 10.15 p.m., while he came through new bridge, Police stopped him and asked his driving license. So he w