Sustained provocation and heat of passion can reduce murder to culpable homicide, allowing for a lesser sentence under Section 304(II) IPC.

JUDGMENT :

R.POORNIMA, J.

This Criminal Appeal is filed against the conviction and sentence passed against the appellant/sole accused in the judgment dated 23.02.2021 made in S.C.No.92 of 2016 by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur, in which judgment, Accused had been convicted for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months simple imprisonment.

2. The case of the prosecution in brief is as follows :

(a) The complainant's sister Mareeswari (deceased), was married to Balasubramanian (accused) 17 years back. They were blessed with two children namely, Shanthi @ Malarselvi (P.W.3) and Suyambukumar @ Siva (P.W.4). On 03.10.2015 at about 2.30 p.m., the complainant and another witness, Moorthy, went to the house of the deceased. At that time, the accused was taking his lunch in the house, and his son and daughter (P.W.3 and P.W.4) were also present. The deceased returned home from the mill for lunch and, on seeing the accused eating food, started shouting at him, questioning how he could eat without going for any employment. In a fit of anger, she pulled the food plate and threw it away. Immediately, the accused shouted at her stating that she had insulted him in the presence of the children and others. He also accused her of refusing to give him money for consuming alcohol, threatened her with dire consequences, and left the house.

(b) Apprehending danger to the children, the sister of the deceased took them to the mill. Thereafter, the complainant and Moorthy returned to their house. Fearing that the accused might create trouble at the mill, they proceeded towards the mill.

(c) At about 8.00 p.m., they saw the deceased walking along Kattaiyapuram 1st Street with her children. While following them, the accused suddenly came from the opposite direction, abused the deceased stating that she had insulted him and refused to give money for alcohol, took out a knife concealed at his hip, and stabbed her indiscriminately on the left chest, left back, thigh, and other parts of the body.

(d) On hearing the hue and cry raised by the complainant and his son, the accused fled from the scene. The injured was taken in a 108 ambulance to the Government Hospital, Virudhunagar, and later referred to the Rajaji Hospital, Madurai. However, she was found unresponsive and was again taken to the Government Hospital, Virudhunagar, where the doctor declared her dead. Hence, the complaint.

(e) The complaint was received by P.W.16, Sub-Inspector of Police, Virudhunagar Bazaar Police Station, and a case in Crime No.408 of 2015 was registered under Section 302 IPC . The FIR (Ex.P8) was forwarded to the Judicial Magistrate.

(f) On 04.10.2015 at about 00.10 hours, P.W.22, Inspector of Police, took up the investigation, visited the scene of occurrence, prepared the observation mahazar and rough sketch (Ex.P14) and recovered bloodstained soil and sample soil under mahazar (Ex.P4). He examined P.W.1 to P.W.6 and other witnesses and recorded their statements.

(g) At about 6.30 a.m. on the same day, the accused was arrested near Virudhunagar Bus Stand. Based on his confession (Ex.P11), the knife (M.O.1), bloodstained shirt (M.O.5), and pant (M.O.6) were recovered under mahazar (Ex.P7). An inquest was conducted, and the body was sent for