The court ruled that the actions leading to death were a result of provocation, modifying the conviction from murder to culpable homicide not amounting to murder.

JUDGMENT :

M.Jothiraman, J.

Challenging the judgment dated 08.08.2019 passed in S.C.No.146 of 2014 on the file of the II Additional District and Sessions Court, Ranipet, Vellore District, the appellant has preferred the above appeal.

2. The prosecution story runs thus:

2.1 PW1—Vinothkumar, who is the brother of the deceased Vijayakanth, deposed that on 11.03.2013, a cart festival procession was conducted and the chariot proceeded from Karai towards Ranipet; while the chariot was proceeding near Ranipet Pillaiyar Koil, all the participants in the festival played drums and danced; at that time, the appellant has hit Vijayakanth; therefore, he (PW1) asked the appellant to move from the place and dance; enraged over the same, the appellant scolded him in unparlimentary words and again continued the dance; while dancing, the appellant assaulted his brother Vijayakanth; thereafter, the appellant and Vijayakanth attacked each other and he (PW1) pacified them and went to the front side of the chariot; the appellant suddenly took a knife (M.O.1) and tried to attack Vijayakanth; PW7 tried to prevent the same, in which, PW7 sustained injuries on his forehead and fell down; in between the appellant stabbed Vijayakanth on his stomach by using the knife (M.O.1); afraid of the appellant, Vijayakanth ran away from the place and proceeded towards Myan Sahib’s lane, Vijayakanth fell down in front of one house; taking advantage of the same, the appellant sat on Vijayakanth and stabbed on his chest; while he (PW1) tried to catch hold of the appellant, the appellant fled away from the place; Vijayakanth died on the spot itself; he (PW1) along with others took Vijayakanth to Walaja Hospital, where, Vijayakanth was declared brought dead; thereater, he (PW1) went to Ranipet Police Station and lodged a complaint (Ex.P1) and also identified the dresses worn by Vijayakanth viz. bloodstained blue colour jeans pant (M.O.2), bloodstained black striped green shirt (M.O.3), bloodstained white color vest (M.O.4) and bloodstained neck vest (M.O.5).

2.2 PWs.2, 3, 4, 5, 6 and 7 have also deposed similarly to the version of PW1.

2.3 PW8—Nethaji, who is the brother of PW7, deposed that there was a quarrel in the cart festival procession, during which, his brother PW7 got injured on the forehead and therefore, he took his brother PW7 to Rajeshwari Hospital for taking treatment.

2.4 PW14—Pazhani, Village Administrative Officer (VAO), deposed that on 26.03.2013 the Inspector of Police, Ranipet Police Station, called him over phone and asked him to come to the police station to enquire the appellant; therefore, he went to the police station along with Ramachandran (PW15), Village Assistant, around 4.00 p.m. and on enquiry, the appellant stated that he will let them know the whereabouts of the knife (M.O.1) used in the offence and dresses worn by him during the occurrence; pursuant to the same, the appellant has shown the knife (M.O.1) in the drainage opposite to the house of one Advocate Giri and the dresses in the bathroom of another house; thereafter, in the presence of himself and PW15, the appellant gave confession statement, in which, he and PW15 signed as witnesses; they have also signed in the recovery mahazars (Exs.P4 & P5).

2.5 PW15—Ramachandran, Village Assistant, deposed similarly to the version of PW14.

2.6 PW23—Arunkumar, Sub-Inspector of Police, deposed that on 11.03.2013 at 23.00 hours, he received the complaint (Ex.P1) from PW1 and registered the case in Crime No.146 of 2013 for the offences under Sections 294 (b), 324 and 302 IPC and prepared the printed FIR (Ex.P17) and forwarded the same for further investigat