Court found no premeditation in the homicide, ruling that the act fell under Section 304(1) IPC due to grave and sudden provocation stemming from familial disputes.

JUDGMENT

N.ANAND VENKATESH, J.

1. The sole accused assails the judgment passed by the Additional District and Sessions Court, Kuzhithurai made in SC NO.81/2018 dated 22.07.2022, wherein, he was convicted for offence under Section 302 IPC and was sentenced to undergo life imprisonment.

2. The case of the prosecution is that the de-facto complainant (PW1) was residing along with his parents and his brother Murugesh was working at Kerala. His brother Murugesh had a strained relationship with his father and was always demanding money. On 17.10.2017, the said Murugesh, who is the sole accused, came to the residence and demanded money from his father and there was a quarrel between the father and son. At that time, the accused person attacked the deceased with a stone on his head and all over his body and as a result, his father died. Based on the complaint given by PW1, FIR (Ex.P11) came to be registered in Crime No.373/2017 for offences under Sections 294(b), 506(II) and 302 IPC .

2.1. The investigation was taken up by the Inspector of Police of Arumanai Police Station, (which was spoken to by P.W.19) who went to the scene of occurrence at about 15.45 hrs. and in the presence of the witnesses, prepared an observation mahazar (Ex.P3) and rough sketch (Ex.P12). He also recovered M.O.1, M.O.2 and M.O.3 and prepared the recovery mahazar (Ex.P6 and Ex.P17). Thereafter the inquest report was prepared in the presence of Panchayatdars (Ex.P13) on the same day between 16.45 and 18.15 hrs. The statement of some of the witnesses have also been recorded under Section 161 Cr.P.C. The dead body of the deceased was sent for postmortem and the postmortem was conducted by P.W.8, who gave the postmortem certificate marked as Ex.P7. The following injuries were noted:

THE FOLLOWING ANTE-MORTEM INTURIES NOTED:-

4 x 4 cm abraded punctured laceration seen over the right side of forehead.

1. 7 x 3 cm x bone deep laceration seen over the right eye brow and over the middle of fore head.

3. 5x2 cm abrasion seen over the outer aspect of right eye brow.

4. 9 x 3cm abrasion seen over the right cheek.

5. 4 x 4cm abrasion seen over the dorsum of nose.

6. 9 x 4cm abrasion seen over the left cheek.

7. 2 x1x1/2 cm laceration seen over the inner aspect of middle of upper lip. Face found crushed Antero posteriorly. On Examination nasal bone, upper and lower jaw bones found fractured.

8. 15x10cm abrasion seen over centre of chest.

9. 6 x ½ cm abrasion seen over the right side of lower aspect of chest.

10. 1 x ½ cm abrasion seen over the lower half of right arm.

11. 8 x 4 cm abraded contusion seen in front of middle of left thigh.

12. 6x2cm abrasion seen qyer quter aspect of upper half of left thigh.”

The final opinion was given to the effect that the deceased would appear to have died of multiple injuries.

3. After recording the statement of all the witnesses under Section 161 of the Code of Criminal Procedure and on collecting the entire materials, the police report was filed before the Judicial Magistrate, No.I, Kuzhithurai. On furnishing copies to the accused person under Section 207 Cr.P.C., the case was committed to the file of the Additional District Judge, Kuzhithurai and it was taken on file in SC No.81/2018.

4. The prosecution examined P.W1 to P.W.19 and marked Ex.P1 to P. 25 and also relied upon M.O.1 to M.O.7.

5. On completion of the examination of witnesses, on the side of the prosecution, incriminating materials were put to the accused person, when he was questioned under Section 313 Cr.P.C. and the same was denied as false.

6. The accused person did not examine any witnesses nor relied upon a