Court ruled that actions during a sudden quarrel did not constitute murder but qualified for lesser offences under relevant IPC sections, reflecting the principles of culpable homicide exceptions.

JUDGMENT :

R. POORNIMA, J.

1. This criminal appeal is filed against the judgment of conviction and sentence passed by the II Additional District and Sessions Judge, Thoothukudi, in S.C.No.227 of 2015, dated 22.07.2022 and consequently to acquit the appellants.

2. The case of the prosecution is that the defacto-complainant and A5 had previous dispute arising out of fetching of water from the public tap. On 03.04.2014 at about 09.00 am, P.W.1 complainant after sending her children to the school, while returning back to her home, A5 allegedly abused the complainant in filthy language. The same was informed to her husband who advised her to remain patient. Thereafter, while proceeding to her place of employment, the complainant and her husband went together near the water tank. At that time, A1 to A5 allegedly came together and intercepted them and it is further alleged that A4 and A5 induced A1 to A3 to kill them. Immediately, thereafter, A1 stabbed the complainant's husband on the right chest with a knife.A2 also stabbed on the back side of the lower region and other parts of the body. When the complainant raised hue and cry, A3 stabbed her on the right side of the neck and stomach. Due to the injuries sustained, both of them fell down. Upon witnessing the incident, the witnesses Iyyappan and Subbiah rushed to the spot, all the accused fled away from the place of occurrence. Thereafter, they were taken by an Ambulance to the Government Hospital, Kovilpatti, while on the way, her husband succumbed to injuries. The complainant was admitted in the Government Hospital, Kovilpatti. Her statement was recorded which is marked as Ex.P1. Based on the complaint, FIR was registered in Crime No.54 of 2014 for the offences under Sections 109, 147, 148, 341, 294(b), 307 and 302 IPC as against A1 to A5 by the Naalandipudhur Police, under Ex.P22 by P.W.14 Tmt.Victoria, Sub Inspector of Police.

3. P.W.15, Thiru.Ponnarasu, Inspector of Police took up the case for investigation on 03.04.2014. He prepared the observation mahazar (Ex.P2) and rough sketch (Ex.P23) and also recovered bloodstained earth (M.O.4), ordinary earth (M.O.5), house key of P.W.1 (M.O.6), broken bangles (M.O.7) under recovery mahazar (Ex.P7).

4. He conducted inquest over the dead body and prepared the Inquest report (Ex.P24). Subsequently, on 03.04.2014, he arrested A1 to A3 recorded their confession statements and recovered material objects under a recovery mahazar. Upon completion of the investigation, he filed the final report against the accused persons under Sections 148, 341, 302 and 307 r/w 149 IPC as against A1; under Sections 148, 341, 302 and 307 r/w 149 IPC as against A2; under Sections 148, 341, 294(b), 307 and 302 r/w 149 IPC as against A3; under Sections 294(b), 147, 341, 302 r/w 114, 307 r/w 149 IPC as against A4 and under Section 294(b), 147, 341, 302 r/w 114, 307 r/w 149 IPC as against A5.

Medical evidence

5. P.W.9 Doctor, who examined P.W.1 found the following injuries and issued accident register (Ex.P16) :

1. A cut wound measuring 7x2x1 cm on the left neck. It was found from the left jaw to the neck.

2. A blood clot measuring 3x2 cm on the left neck was found.

3. Penetrating stab wound measuring 4x3x4 cm was found in the left abdominal area.

4. Cut wound measuring 3x4x2 cm was found under the left collar bone.

6. P.W.11, who conducted postmortem found the following injuries on the dead body of the deceased and issued postmortem report and final opinion which was marked as Ex.P19.

“1. Cut wound 4 x 3 x 5 cm was found on the right chest.

2. Cut wound 1 x 1 cm was found on the right chest below the 1^st wound.

3. Cut wound 3 x 2 x 5 cm was found next to the l