Culpable homicide not amounting to murder is an exception to the offence of murder under Section 300 IPC. It occurs when the act is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without taking undue advantage or acting in a cruel or unusual manner.

Crl.A(MD)No.604 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02.01.2023

CORAM

THE HON'BLE DR JUSTICE G.JAYACHANDRAN

AND

THE HON'BLE MR JUSTICE SUNDER MOHAN

Crl.A(MD)No.604 of 2019

Alagarsamy

.. Appellant/Sole Accused

Vs.

1.The State, rep by

The Inspector of Police,

Keelavalavu Police Station,

Melur,

Madurai District

(in Crime No.98 of 2012)

.. Respondent/Complainant

PRAYER: Criminal Appeal filed under Section 374 of the Code of Criminal

Procedure, calling for the records pertaining to the conviction and sentence

passed in S.C.No.306 of 2016, dated 3.1.2018, on the file of the Ist

Additional Sessions and District Judge, Madurai.

For Appellant

:Mr.J.Gunaseelan Muthiah

For Respondent

:Mr.A.Thiruvadikumar

Additional Public Prosecutor

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Crl.A(MD)No.604 of 2019

JUDGMENT

DR G.JAYACHANDRAN,J.

and

SUNDER MOHAN,J.

This Criminal Appeal is filed by the life convict, who was found

guilty and charged under Section 302 IPC by the trial Court.

2.According to the prosecution, the deceased and the accused are

neighbours. They have the persistent dispute regarding pathway. On the

day of the event, after attending a funeral, both were returning home and

due to previous enmity, quarrel erupted in between them on the way to

home and ended in accused murdering the deceased by hitting the

deceased with a grinding stone on the fore-head.

3.The Criminal Law was set in motion by the deceased, who was at

the relevant point of time inside the house and came out of the house on

hearing the alarming noise, she saw the accused sitting on her husband and

causing injury with stone on the head. Two other witnesses who were

neighbours also came out hearing the noise. Seeing them, the accused has

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Crl.A(MD)No.604 of 2019

flew away from the scene of occurrence. Hoping that the injured husband is

alive, P.W.1 has arranged for ambulance, but the ambulance people on

examining the deceased, informed her that he is dead. Narrating the same

complaint – Ex.P1 was lodged by P.W.1 and the same was taken up for

investigation. On completion of investigation, the accused was found

committed for the offence under Section 302 IPC, charges framed by the

trial Court and accordingly, the accused was tried.

4.To prove the charges, prosecution has examined 16 witnesses,

marked 17 exhibits and 7 material objects through them. On behalf of the

defense, neither witnesses were examined nor documents were marked.

5.The trial Court, considering the cumulative evidence of P.W.1, P.W.

2 and PW.3, who are the witnesses to the occurrence, who came to the scene

of occurrence on hearing the alarming noise of the deceased saw the

accused sitting upon the deceased and hitting him with the grinding stone,

which is marked as MO.1. P.W.4, witness who has attested the complaint

Ex.P1 held that offence of culpable homicide committed by the accused is

proved through the eye-witnesses.

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Crl.A(MD)No.604 of 2019

6.The Post-mortem Certificate is marked as Ex.P2, which discloses

the nature of injuries sustained by the deceased, which was fatal. The

Doctor who has conducted the autopsy has opined that those injuries might

have been caused by using MO1 Grinding Stone. At the time of arrest,

blood-stained clothe of the accused were collected and the same was sent

to Serology Test. The blood-stain found in the grinding stone, lungi and

shirt of the accused confirmed to be human blood. However, the group of

the blood was not conclusive as per Ex.P11.

7.The Trial Court, after considering the evidence at length, has

imposed life sentence with fine of Rs.5000/-, in default, to undergo one year

rigorous imprisonment for the proved offence under Section 302 IPC.

8.Aggrieved by the conviction and sentence imposed by the trial

Court, the present