RAMALINGAM Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C.No.146/2001 on the file of the learned Principal Sessions Judge, Villupuram. He stood charged for offence under Section 302 of IPC. However, the trial court convicted him only under Section 304 Part II of IPC and sentenced him to undergo rigourous imprisonment for 4 years. Challenging the said conviction and sentence, the appellant/accused is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows: P.W.1 and the accused are brothers. P.W.2 is their mother and the deceased was their father. THEre was some dispute among P.Ws.1 and 2 and the deceased in respect of sharing of the joint family property. On 14.1.2001 at about 9.30 a.m., the deceased was sitting in front of his house. THE accused came to the spot and developed quarrel with the deceased, questioning him in respect of the correctness of the partition of the properties done by him. In the said quarrel, it is stated that the accused took a stone lying elsewhere near the scene of occurrence and attacked the deceased on his head. P.W.1 and P.W.3 quickly intervened. THE accused fled away from the scene of occurrence. Immediately, he was taken to the Government Hospital at Villupuram.

(3.) P.W.6 Doctor Venkateswaran conducted autopsy on the body of the deceased on 15.1.2001 at 10.00 a.m. He found a sutured wound vertically on the left parietal region close to midline measuring 10 cms. length. On removing the sutures, he found a wound measuring 8 cm. X 1 cm. X bone deep. There was clotted blood noticed in the subcutaneous tissue of left termporal region of scalp. There was also a transverse fracture measuring 10 cm. X 1 cm. extending from right parietal bone to left parietal bone. The temporal bone on the left hand side was also found fractured. He opined that the deceased died due to shock and head injury.