Culpable homicide not amounting to murder established due to lack of premeditation and intent during a sudden quarrel.

JUDGMENT :

P. DHANABAL, J.

1. Challenging the conviction and sentence rendered by the learned Additional Sessions Judge, Theni at Periyakulam, in SC No.132 of 2021 dated 28.04.2023, the present criminal appeal has been filed by the appellant.

2. The trial Court has convicted the appellant as follows:

3. The case of the prosecution is that the appellant and the deceased are adjacent land holders and there was a land dispute between them in respect of ridges, while so on 17.05.2021 at about 11.00 a.m., the deceased along with is wife/PW.1, daughter/PW.2 and grand daughter/PW.3 were collecting grass in the land, at that time the deceased selvam had cut his ridges on the western side of the land, at that time the appellant came with sickle and assaulted the said Selvam saying that very often you are cutting ridges and encroaching the land and also abused in filthy language and cut his left leg below the knee, therefore he sustained blood injuries. Immediately the deceased fell down and thereafter the appellant ran away from the place of occurrence.

3.1. P.W.1 wife of the deceased came there and poured water on the face and he was unconscious and thereafter he died. PW.1 went to the police station and lodged complaint/Ex.P.1.Based on the said complaint PW.12 registered a First Information Report /Ex.P.8 in Crime No.194 of 2021 for the offences under Section 302 of IPC. Thereafter P.W.14 has taken over the investigation of the case and he went to the place of occurrence and prepared observation mahazhar/Ex.P.4 and rough sketch/Ex.P.9 in the presence of witnesses and thereafter he conducted inquest on the body of the deceased and prepared inquest report/Ex.P.10. Thereafter he had taken steps to sent the body of the deceased to post mortem. Thereafter the doctor/P.W.11 had conducted post mortem on the body of the deceased and issued post mortem certificate /Ex.P.6 and after obtaining report from forensic lab he gave final opinion/Ex.P.7. Thereafter P.W.14 arrested the appellant on 17.05.2021 and the appellant voluntarily gave confession statement and based on the disclosure statement he recovered M.O.1 in the presence of witnesses and thereafter the appellant was remanded to judicial custody. Thereafter P.W.15 conducted further investigation in this case, filed final report after examining witnesses.

3.2. On the appearance of the appellant, the provisions of Section 207 of Cr.P.C. were complied with, and the case was committed to the Court of Session, where it was taken on file in in SC No.131 of 2021 and made over to the Additional Sessions Judge, Theni at Periyakulam for trial.

3.3. After receipt of case papers, the trial Court has framed charges for the offence under Sections 294(b) and 302 of IPC The above charges were read over and explained to the appellant. The appellant denied the charges and claimed to be tried.

3.4. The prosecution examined P.W. 1 to P.W.15 and marked exhibits Ex.P.1 to P.16 and material objects M.O.1 to M.O.6 were produced. After completion of prosecution witnesses the appellant was questioned under Section 313 (1)(b) of Cr.P.C., with regard to the incriminating circumstances appearing against him, he denied the same as false. On the side of the appellant no one was examined and no documents were marked.

3.5. After analyzing the evidence and upon hearing both sides, the trial Court has acquitted the appellant for the offence under Section 294 (b) of IPC and convicted the appellant for the offence under Section 302 of and sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- in default to undergo one year rigorous imprisonment. Aggrieved by