The court ruled that the assault was unintentional due to sudden provocation, warranting conviction under Section 304 Part II IPC instead of murder under Section 302 IPC.

JUDGMENT :

G.K.ILANTHIRAIYAN, J.

Both the appeals have been filed as against the Judgment passed in S.C.No.32 of 2021, dated 20.12.2022, on the file of the learned Sessions Judge, Mahila Court, Pudukottai, thereby convicting A.1 for the offences punishable under Sections 294(b), 324, 506(ii) and 302 of I.P.C and A.2 for the offences punishable under Sections 294(b), 324 read with 34 of I.P.C and 302 read with34 of I.P.C.

2.The case of the prosecution is that both the accused are husband and wife and the deceased was their neighbour. They had a land dispute. Ten days prior to the occurrence, the first accused, who had been working in Singapore, returned to his village. Due to previous enmity, upon seeing the deceased and his wife, the first accused threatened the deceased with dire consequences and he also shouted at them.

3.While being so, on 23.03.2020 at about 05.00 p.m., the deceased and his family members were sitting in front of their house and were talking. At that time, the first accused and his wife, namely the second accused, came over and questioned them with abusive words, as if they were talking about them. This led to a verbal altercation between the two parties. Immediately, the first accused took a wooden log and pulled the hair of the deceased's daughter. When the deceased and his wife intervened, the first accused assaulted the deceased with the wooden log and also assaulted his wife on her left leg. As a result, both sustained injuries and were taken to the hospital. Due to the injuries sustained by the deceased, he died on the next day ie., on 24.03.2020.

4.On the basis of the complaint, the respondent registered an F.I.R in Crime No.232 of 2020 for the offences punishable under Sections 294(b), 323, 324, 506(ii) and 302 of I.P.C and Section 4 of TNPHW Act, 2002. After completion of investigation, the respondent filed a final report and the same has been taken cognizance by the Trial Court. The Trial Court framed charges for the offences punishable under Sections 294(b), 324, 506(ii) & 302 of I.P.C and Section 4 of Prohibition of Women Harassment Act as against A.1 and framed charges for the offences punishable under Sections 294(b) and 302 of I.P.C as against A.2.

5.On the side of the prosecution, in order to bring the charges to home, they examined P.W.1 to P.W.11 and Exs.P1 to P15 were marked. The prosecution also produced Material Object M.O.1. On the side of the accused, they examined D.W.1 and D.W.2 and no documents were produced before the Trial Court.

6.On perusal of the oral and documentary evidence, the trial Court found A.1 guilty for the offences punishable under Sections 294(b), 324, 506 Part II and 302 of I.P.C and A.2 for the offences punishable under Sections 294(b), 324 read with 34 of I.P.C and 302 read with 34 of I.P.C. A.1 was sentenced to undergo three months Rigorous Imprisonment and imposed a fine of Rs.10,000/- in default, to undergo one month Rigorous Imprisonment for the offence punishable under Section 294(b) of I.P.C; he was sentenced to undergo three years Rigorous Imprisonment and imposed a fine of Rs.30,000/- in default, to undergo one year Rigorous Imprisonment for the offence punishable under Section 324 of I.P.C; he was sentenced to undergo seven years Rigorous Imprisonment and imposed a fine of Rs.20,000/- in default, to undergo one year Rigorous Imprisonment for the offence punishable under Section 506 Part II of I.P.C and he was sentenced to undergo Life Imprisonment and imposed a fine of Rs.2,00,000/- in default, to undergo one year Rigorous Imprisonment for the offence punishable under Section 302 of I.P.C. A.2 was sentence