Assault with stick in sudden quarrel without premeditation falls under Exception 1 to Section 300 IPC, reducing Section 302 to 304 Part I conviction.

JUDGMENT :

P.DHANABAL, J.

Challenging the conviction and sentence rendered by the learned III Additional District and Sessions Judge, Tiruchirapalli in SC No.178 of 2021 dated 23.06.2022, the present criminal appeal has been filed by the appellant.

2. The trial Court convicted the appellant for the offence under Section 302 of IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.5000/- in default to undergo three years simple imprisonment.

3. The appellant is the son of the deceased/Kalarani. The case of the prosecution is that the appellant used to go outside the village and come to his native place few time in the year and whenever he come to his native place he used to stay along with her mother/deceased Kalarani and he was a drunkard . The deceased was a diabetic patient and she was cared by her another son Ravi Jeyakumar/P.W.1. On 06.05.2020 at about 9.30 a.m., when the said Ravi Jeyakumar/complainant went to his mother’s house along with his wife /P.W.2Glory Penita at that time the appellant scolded his mother/deceased in filthy language and demanded money for his expenses and when his mother refused to give money he assaulted on her head by wooden log saying that if you not giving money you should not live, die, thereby the appellant caused injuries on both side of the head, right side of the face, thereafter she was taken to Lalgudi hospital where the doctor referred the deceased to Government Hospital, Trichy where she died, thereby another son of the deceased P.W.1 had lodged complaint/Ex.P.1.

3.1. Based on the said complaint, P.W.20 had registered First Information Report/Ex.P.13 in Crime No.1221 of 2020 on the file of the respondent police. Thereafter P.W.21 had taken the case for further investigation and went to place occurrence, prepared observation mahazhar/Ex.P.2, rough sketch/Ex.P.14. Thereafter he seized blood stained soil and ordinary soil through mahazhar/Ex.P.3 and thereafter he went to the Government Hospital, Trichy conducted inquest and prepared inquest report/Ex.P.15 and thereafter he examined some witnesses and recorded their statement and on 06.05.2020 at about 5.30pm., he arrested the appellant near Mandurai bus stop and at that time the appellant gave a voluntary confession statement in the presence of witnesses.

3.2.Based on the disclosure statement of the appellant he seized the material object M.O.1 through seizure mahazhar and thereafter the appellant along with the material objects were remanded to judicial custody and thereafter he seized the dress materials of the deceased and thereafter on 12.06.2020 he examined the doctor who has give first aid to the deceased and thereafter on 24.07.2020 he examined the doctor who conducted autopsy on the body of the deceased, thereafter he sent the blood stained material objects to the forensic lab and obtained opinion and after completion of investigation he filed final report as against the appellant.

3.3. On appearance of the accused, and compliance of Section207 of Cr.P.C., finding that the case was exclusively triable by the Court of Sessions the learned Magistrate had committed the case to the Court of Sessions and it was made over to the learned learned III Additional District and Sessions Judge, Tiruchirapalli in SC No.178 of2021 for trial.

3.4. After perusing the case records and hearing both sides the trial Court has framed charges as against the appellant for the offence under Section 302 of IPC. The above charge was read over and explained to the appellant. The appellant denied the charges and claimed to be tried.

3.5. The prosecution examined P.W. 1 to P.W.21 and marked exhibits Ex.P.1 to P.18 and material objects M.O.1 to M.O.4 were produced. After completion of prosecution witnesses the appellant was examined under Section 313 (1)(b) of Cr.P.C., with regard to the incriminating circumstances appearing against him, he denied the same as false. On the side of the appellant no one was examined and no documents were marked.

3.6.