The court modifies the conviction from Section 302 IPC to Section 304 IPC, citing lack of premeditation and the nature of the incident as a sudden quarrel.

JUDGMENT

(Order of the Court was made by N.Sathish Kumar J.)

Challenging the sentence of life imprisonment and fine of Rs.1000/- imposed for the offence under Section 302 IPC, this appeal has been filed by the sole accused.

2. The brief facts of the prosecution case are as follows:-

The accused and the deceased were father and son, residing in Seeliyampatti Village. PW1 and PW2 are the mother and grandmother of the deceased, respectively. The deceased was employed in coconut plucking work in the surrounding area.

2 (i). On 10.11.2012, at about 6.30 p.m., the accused was sitting in an intoxicated state, in the front yard of the house, near Nadar Street, Athumedu, Seeliyampatti. At that time, he called his son, who had returned from his work. When the deceased remained silent, the accused shouted at him and picked up a quarrel with him and took a sharp knife (M.O.7) from his house and voluntarily cut the deceased on his left side neck, as a result of which, he succumbed to the injuries. Immediately, PW1, the mother of the deceased lodged a complaint Ex.P1.

2(ii). P.W.2, the grandmother of the deceased, and P.W.3, the co- brother of the accused, upon hearing the noise of PW1, rushed to the spot and found the body of the deceased with cut injuries.

2(iii). On receipt of the complaint (Ex.P.1) from P.W.1, the Sub- Inspector of Police, P.W.6, registered a case in crime No.200 of 2012 under Section 302 IPC and prepared the First Information Report (Ex.P.11) and forwarded the same to the Court and copy to the Investigation Officer.

2(iv). P.W.8, the Investigation Officer, took up the investigation and went to the place of occurrence, on the same day and as there was no sufficient light in that place and there was no witnesses at that time, he commenced his investigation on the next day morning. He prepared the Observation Mahazar(Ex.P.2) and Rough Sketch (Ex.P.13) in the presence of P.W.3 and one Sellamuthu. He conducted an inquest over the dead body of the deceased in the presence of panchayatdars and prepared Inquest Report (Ex.P.14). A.R. copy of the deceased is Ex.P15. Thereafter, he sent the body of the deceased for post-mortem along with his requisition (Ex.P4) through PW7, to the Medical officer for conducting the autopsy. He further seized M.O.6 blood-stained concrete earth and M.O.7 sample concrete earth under the cover of Seizure Mahazar (Ex.P3) in the presence of the same witnesses and recorded the statement of the witnesses. .

2(v). P.W.4 the Medical Officer attached to the GMKMC Hospital, Salem, on receipt of the request from the Investigation Officer, conducted Autopsy and found the following external injuries:-

EXTERNAL EXAMINATION:INJURIES:

I. A. GAPPING CUT INJURY SEEN OVER LEFT SIDE OF NECK EXTENDS FROM RIGHT CLAVICLE TO LEFT SIDE OF NECK MEASURING 10 X 5.5X4.5 CMS, THE ANGLES ARE SHARP, CLEAN AND ACUTE ANGLE O/D NECK: INTERNAL INJURIES: B.CUT FRACTURE OF RIGHT STERNAL END OF CLAVICLE. C. LET SIDE CAROTID ARTERY, JUGULAR VEIN AND OTHER SMALL VESSELS, D.MUSCLES OF THE LEFT SIDE OF NECK SEVERED. HYOID BONE-INTACT.

ALL ABOVE INJURIES ARE DARK RED IN COLOUR 

II.O/D THORAX :- NO RIBS FRACTURE. HEART-NORMAL IN SIZE.CHAMBERS- EMPTY VALVES AND CORONARIES- NORMAL LUNGS-C/S PALE. CUT FRACTURE OF T1, T2, T3 THORACIC VERTEB WITH SURROUNDING SOFT TISSUE CONTUSED.550 GMS OF CLOTTED BLOOD AND 350 ML OF FLUID BLOOD FOUND IN THE THORACIC CAVITY.

III. O/D HEAD:- SCALP-NORMAL. DURA MEMBRANE - INTACT. CRANIAL VALUE INTACT. BRAIN C/S PALE.

BASE OF SKULL-INTACT.

IV.O/D.ABDOMEN: STOMACH CONTAINS 300 GMS OF PARTLY DIGESTED COOKED RICE PARTICLES WITH NO SPECIFIC ODOUR, MUCOSA C/S PALE. LIVER, SPLEEN AN