Alteration of conviction from murder to culpable homicide not amounting to murder due to lack of premeditation.

JUDGMENT :

N. ANAND VENKATESH, J.

1. This criminal appeal has been filed challenging the judgment passed by the Additional District and Sessions Judge, Tirunelveli made in SC No. 80/2018 dated 25.04.2023, wherein, the appellant was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for two years.

2. The case of the prosecution is that the deceased is the son of PW1 and PW5. The deceased after completing his SSLC joined a diploma course in a Polytechnic, but, however, he discontinued the course. He got into the habit of consuming liquor and and on one such occasion, when he was consuming liquor along with his friends near Kottai Karuppasamy Temple, there was a quarrel between the deceased and the accused. As a result, there was a pervious enmity between them. On 15.10.2018, at about 10.00 p.m., when the deceased was standing in front of a grocery shop at Pappammalpuram, the accused on seeing the deceased scolded him in filthy language. This lead to a quarrel between the accused and the deceased and the accused is said to have stabbed the deceased with blade knife (MO1) on his right chest, stomach and back. The deceased fell down unconscious. PW1 to PW4 are said to have taken the deceased to the Government Hospital, Andipatti. PW15 Doctor provided the first aid to the deceased and recorded the Accident Register Ex.P10. The deceased was referred for further treatment to the Theni Government Medical College and Hospital at Ka.Na.Vilakku.

3. On 15.10.2018, at about 11.15 p.m., the information was sent to the Andipatti Police Station, which was recorded by PW20, who went to the hospital. He found the deceased in an unconscious state. Hence, he recorded the statement of PW1, who is the father and based on this statement (Ex.P1), PW20 registered the FIR (Ex.P13) in Crime No. 668/2018 for offences under Sections 294 (b), 324 and 307 IPC.

4. The investigation was taken up by PW21 and he went to the scene of crime on 16.10.2018 at about 6.00 a.m. and in the presence of witnesses, the observation mahazar (Ex.P12) and rough sketch (Ex.P14) were prepared. The accused person was arrested on the same day at about 4 p.m. and based on his confession, MO1 was seized under seizure mahazar (Ex.P18). The accused person was remanded to judicial custody.

5. When the investigating officer was in the process of recording the statement of the witnesses under Section 161 Cr.P.C., the Government Doctor, PW17, on 22.10.2018, had declared the deceased as dead at about 6.30 p.m. On receiving this information, an alteration report was submitted before the concerned Court by altering the offences under Sections 294 (b) and 302 IPC. The inquest was conducted by the investigating officer and the inquest report (Ex.P15) was prepared in the presence of the witnesses. The dead body was sent to the Theni Medical College Hospital through PW14 - Constable. The postmortem was conducted by PW18 - Doctor and the postmortem report (Ex.P15) was given, wherein, the following injuries were recorded:

“1) On removal of hospital dressing, Sutured wound of size 2X 0.5cm seen in lower and inner part of right side chest, it is 6cm below and inner aspect to right side nipple. On removal of suture it is 2X1.5cm X cavity deep transverse stab wound. Its right and sharp and left and blend in nature.

2) On removal of hospital dressing. Sutured wound of size 2X0.5cm seen in upper and outer aspect of left side abdomen, it is 26cm below left auxiliary line. On removal of suture it is 2 X1.5cm X cavity deep oblique stab wound. Upper and sharp and lower end blend in nature

3) Incised wo