The court modified the conviction from murder to culpable homicide not amounting to murder, applying Section 304(II) IPC, based on the absence of premeditation and the suddenness of the incident.

JUDGMENT :

 N.ANAND VENKATESH, J.

This criminal appeal has been filed challenging the judgment of the I Additional District and Sessions Judge, Tirunelveli made in SC No. 603/2016 dated 05.01.2023, wherein, the appellant was found guilty and convicted and sentenced in the following manner:

The sentences were ordered to run concurrently.

2. The case of the prosecution is that the accused person was residing just adjacent to the house of the deceased. The deceased used to play his television with high decibel levels and the accused person questioned the same on various occasions. Hence, there were previous occasions, where both the deceased and the accused had quarreled on this issue. On 14.06.2015, at about 9.30 p.m., the deceased had kept the decibel level of the television very high and the accused person is said to have trespassed into the house of the deceased and abused him in filthy language and had attacked him with hands on his face. Thereafter the accused person is said to have stabbed the deceased in the left chest. The deceased succumbed to the injuries on 17.06.2015 at about 4.30 p.m.

3. Immediately after the incident, the father and mother and other neighbours of the deceased took the deceased to the Tirunelveli Hospital. PW10, who is the Head Constable, got the information from the hospital on 17.06.2015 at about 16.30 hrs that the deceased died. In the meantime, on the date of occurrence, ie. On 14.06.2015, PW9 had gone to the hospital and recorded the statement of the deceased, who narrated about the incident and it was reduced into writing (Ex.P1 and P2). PW19 received the complaint statement recorded by PW9 and had lodged the FIR in Crime No.279/2015 for offences under Sections 294 (b), 452, 323, 307 and 506(II) IPC (Ex.P17)

4. PW20, who is the investigating officer, took up the investigation and he went to the spot on 15.06.2015 at 2.00 a.m., and prepared the observation mahazar (Ex.P5) and rough sketch (Ex.P18). PW20 recorded the statement of some of the witnesses under Section 161 Cr.P.C. The accused person was arrested in the course of investigation on 15.06.2015 at about 10 am. The knife (MO1) was also recovered under Ex.P4.

5. After the information was received that the deceased died on 17.06.2015, the investigating officer took efforts to file an alteration report and altered the Sections to 294(b), 452, 323, 302 and 506(II) IPC .

6. PW20 handed over the CD file to the Inspector of Police, Junction Police Station and on 18.06.2015, the said police officer conducted inquest in the presence of the panchayatdars. The inquest report (Ex.P21) was also prepared. Once again on 19.06.2015, PW20 took up the investigation and the dead body of the deceased was handed over to PW12 Head Constable, who took the dead body to the Medical College Hospital, Tirunelveli for postmortem. The postmortem was conducted by PW16 and the postmortem certificate (ExP13) was issued, wherein, the following injuries were recorded:

“ANTEMORTEM INJURIES

1) Crescentric scratch abrasions (nail marks) of size 0.5x0.2cm seen over left side of middle of neck, 0.5x0.2cm seen over front of left side of neck and of size 0.3x0.1cm (3 in number 1cm apart) seen over front of right side of neck.

2) 8cm oblique sutured wound seen over left side of front of chest 1cm above noted outer to left nipple (stapter) Un removal of sutures it was thoracic cavity deep stab wound. Upper and lower margins were regular Inner end was blunt and outer end was sharp. Inner part of stab wound was thoracic cavity deep and outer part was muscle deep

3) 17cm long horizontal sutured wound seen over f