The court modified the conviction from murder to culpable homicide not amounting to murder, acknowledging the absence of premeditation in the crime.

JUDGMENT :

N. ANAND VENKATESH, J.

1. The sole accused assails the judgment passed by the Principal Sessions Judge, Ramanathapuram, made in S.C.No.168 of 2019 dated 28.06.2022 in this appeal, wherein the trial court convicted the accused person for offence under Section 302 of IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo two months simple imprisonment.

2. The case of the prosecution is that, the brother of the de-facto complainant (PW1) was residing along with his elder son Palani and there was some dispute between Solaimalai and Palani regarding a landed property. On 05.04.2019, the said Palani is said to have attacked and murdered Solaimalai. The same resulted in a complaint (Ex.P1) given by PW1, which resulted in the registration of FIR (Ex.P9) by the Sub-Inspector of Police (PW15) in Crime No.69 of 2019 for offence under Section 302 of IPC.

3. The investigation was taken up by PW16, who visited the scene of crime on 06.04.2019 at about 10.00 AM and in the presence of witnesses prepared the Observation Mahazar (Ex.P2) and the Rough Sketch (Ex.P10). In the presence of the Panchayatars, inquest on the dead body was conducted and Inquest Report (Ex.P11) was prepared. At about 13.15 hours, MO3 to MO16 were seized under Ex.P7.

4. In the course of investigation, the accused person was arrested on 06.04.2019 at about 19.30 hours at Govindamangalam Bus Stop and his confession statement was also recorded in the presence of witnesses. Based on the confession, MO1 and MO2 were seized under Athatchi Ex.P6. The accused person was produced before the Judicial Magistrate and was remanded to judicial custody.

5. The body of the deceased was sent for postmortem and PW9 conducted the postmortem and issued the postmortem certificate (Ex.P4) and the following injuries were noted:

“A 73 year old lying in supine position with hands along body side.

Rigor mortis present in all four limbs. Eyes closed, blood present. Mouth opened, tongue protruded. Nasal blood and right ear bleeding present.

Open fracture over right forearm present below the elbow joint. Both ulna and radial fracture present at middle third.

Laceration present on:

(1) Left eyebrow side (3 cm × 2 cm x 0.5 cm).

(2) Forehead – multiple lacerations measuring (3 cm × 0.5 x 0.5 cm). Two measuring 2 cm × 0.5 cm × 0.5 cm and three measuring 1 cm × 0.5 cm × 0.5 cm.

(3) Occipital region (3 cm × 0.5 cm × 0.5 cm). On right side of occipital region laceration (3 cm × 1 cm × 0.5 cm); laceration on left side of occipital region (1 cm × 0.5 cm × 0.5 cm).

(4) Laceration over behind right ear (2 cm × 0.5 cm × 0.5 cm) and (2 cm × 0.5 cm × 0.5 cm).

(5) Laceration on right arm (0.5 cm x 0.5 cm × 0.5 cm) on right side.

(6) Right side zygomatic bone fracture present.

(7) Laceration over centre and left lower lip present (2 cm × 0.5 cm x 0.5 cm).

(8) Old fracture present on left lower leg, below knee joint.

Stool passed, semen not present.

On opening thorax cavity:

Ribs – Normal, no fracture.

Lungs – Bilateral lungs normal, congested.

Heart – Normal, congested.

On opening abdominal cavity:

Stomach – Semi-solid food particles present.

Liver – Normal, congested.

Small intestine – Food particles present.

Large intestine – Empty.

Kidneys – Bilateral kidneys normal.

Spleen – Normal, congested.

On opening cranial cavity:

Skull bone – Intact, no fracture.

Meninges – Intact.

Brain – Intracerebral hemorrhage present below occipital region.

Opinion as to cause of death:

Viscera preserved and sent for chemical analysis, report pending. The deceased appears to have died of hypovolemic shock and head injury.”

6. The final opinion as to the cause of death was st