The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without premeditation.

JUDGMENT :

N.ANAND VENKATESH, J.

The sole accused assails the judgment of the Principal Sessions Judge, Thanjavur, made in S.C.No.278 of 2019 dated 05.10.2021, wherein the appellant was found guilty for offence under Section 302 of IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.4,000/-, in default to undergo two months simple imprisonment and was also found guilty for offence under Section 506 Part II of IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000, in default to undergo one month simple imprisonment. The sentences were ordered to run concurrently.

2. The case of the prosecution is that PW1 had two brothers and one sister and the deceased Kannan @ Kannayan is the younger brother. On 24.03.2019 at about 4.00 PM, the deceased came to the house of PW1 and took food and went to the house of the accused in a two wheeler. There was a wordy quarrel between the deceased and accused and the accused seems to have questioned the deceased as to why the food was not tasty. All of a sudden the accused person is said to have gone into the house and brought a billhook (M.O.1) and attacked the deceased in his head, cheek and hand. The deceased succumbed to the injuries.

3. PW1 went to the Naducauvery Police Station on 25.03.2019 morning and informed about the incident which was reduced to writing (Ex.P1). Based on the same, an FIR came to be registered under Ex.P12 in Crime No.33 of 2019 for offence under Sections 302 and 506 Part II of IPC.

4. The investigation was taken up by PW12 and he sent the express FIR along with the statement of the complaint to the Judicial Magistrate, Thiruvayaru. PW12 came to the scene of occurrence on 25.03.2019 at about 1.30 PM and prepared the Observation Mahazar (Ex.P14) and the Rough Sketch (Ex.P13). In the presence of witnesses PW12 seized MO2 to MO4 under Ex.P2 Seizure Mahazar.

5. PW12 thereafter went to the hospital and conducted the inquest on the dead body of the deceased from 3.30 PM to 4.30 PM in the presence of witnesses and prepared Ex.P15 Inquest Report. After completion of inquest the dead body was handed over to PW9 Head Constable.

6. PW7 conducted the postmortem and issued the Postmortem Certificate (Ex.P9) by recording the following external and internal injuries on the dead body:

“1) An oblique gaping heavy cut injury of size 9 cm x 2 cm x bone depth noted over right side check. It cuts the underlying soft tissue, vessels, nerves and bones. The tailing mark noted over inner aspect of wound

2) An oblique heavy cut injury of size 8 cm x 2cm x bone depth noted over left parictal region.

3) An oblique heavy cut injury of size 9 cm x 5 cm x bone depth noted over left parictal region. It lies 2 cm below injury No. 2.

4) An oblique heavy cut injury of size 14 cm x 1.5 cm x bone depth noted over left occipital region. It lies 3 cm below injury. No.3.

5) A horizontal gapping heavy cut injury of size 10 cm, 3 cm x bone depth noted over occipital region at the level of external occipital protuberance. It lies 3 cm below injury No.4.

6) An oblique gapping heavy cut injury of size 10 cm x 3 cm x bone depth noted over dorsum of left hand at the level of left middle finger with fracture and dislocation of 3rd metacarpal bone noted.

7) An oblique gaping cut injury of size 3 cm x 2 cm x bone depth noted over left ring finger with fracture & dislocation of phalanges noted.

8) An oblique cut injury of size 2 cm x 1 cm x bone depth noted over dorsum of left index finger.

9) An oblique cut injury of size 2 cm x 1 cm x bone depth noted over dorsum of left index finger.

10) Multiple ant bite marks noted over right upp