SIVARAJ ALIAS SIVA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a case of patricide. For the accusation that on 2.6.1998 at 2.00 a.m. Sivaraj alias Siva, the accused beat his father, the deceased Muthusamy with a cart peg and caused his instantaneous death, the accused was tried for the offence under Section 302 I.P.C and convicted thereunder. Hence this appeal.

(2.) The facts leading to the conviction are as follows:-

(3.) Learned counsel for the appellant would take us through the entire evidence available on record and point out various infirmities in the evidence and contend that the circumstances projected by the prosecution in this case, would not be sufficient to hold that the accused was the perpetrator of the crime and the circumstancial evidence would not form a complete chain and consequently, the accused is entitled to be acquitted. Alternatively, it is submitted that even assuming that the entire case of prosecution is true, since the accused, on having come to know that his mother was beaten mercilessly after snatching the salary from her by his father with the result, she was admitted in the hospital for chest pain, got provoked and as a result of sudden and grave provocation, he beat the deceased with the cart peg (mulaikutchi), which was found in the bullock cart standing near the house of the accused and as such, the act would not fall under Section 302 I.P.C and it may come under Exception 1 to Section 300 I.P.C and consequently, the accused is liable to be convicted under Section 304 (Part I) I.P.C.