MURTHY Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the conviction and sentence imposed by judgment dated 20. 7. 2000 made in S. C. No. 63/99, on the file of the Principal Sessions Judge, Dharmapuri at Krishnagiri.

(2.) THE appellant/accused is the son of the deceased krishnan. As per the prosecution case, on 19. 2. 1998 at about 7. 00 a. m. , there was wordy quarrel between the appellant/accused and his father/the deceased. At that time, the appellant/accused was shaping a wooden stick. During the quarrel, due to sudden provocation on account of the wordy quarrel, the appellant/accused attacked the deceased by a stick on his head, due to which he fell down. P. W. 1-Palaniammal, mother of the deceased and grandmother of the accused, Chinna Pappa , wife of the deceased and his daughters- Mallika and Poonkody , raised voice, the accused ran away from the house and the said witnesses tried to administer water, but the deceased lost his breath. On hearing the information through the village people, the Village administrative Officer, who was examined as P. W. 7 went to the scene of occurrence, saw the dead body of the deceased-Krishnan, recorded the statement given by P. W. 1 and forwarded the same as Complaint Ex. P. 1, along with his Covering letter-Ex. P. 2 to the respondent/police Station. On the same date at about 10. 30 a. m. , P. W. 8-Head Constable attached to the respondent-Police Station, based on the Complaint, Ex. P. 1, registered a case in Crime No. 187/98, under Section 302, i. P. C. and sent the F. I. R. relating to the case, to the Judicial Magistrate no. 1, Dharmapur i. P. W. 12 Inspector of Police, on receipt of the copy of the F. I. R. proceeded to the scene of occurrence, at about 11. 15 a. m. and prepared Observation Mahazar , ex. P. 3 in the presence of witnesses-P. W. 6 and one Pachayappa n. THE Rough Sketch prepared by Inspector was marked as Ex. P. 15. He conducted inquest Report Ex. P. 16, in the presence of witnesses and Panchayatars. Similarly, the Investigating Officer recovered Material Objects-M. O. 1 &m. O. 5, under the cover of a Mahazar in the presence of witnesses. THEn, he sent the dead body of the deceased to the Government hospital, Dharmapuri through Constable-P. W. 9, with the Requisition Letter-Ex. P. 8, who handed over the dead body of the deceased before the Doctor in Government Hospital, Dharmapuri with the Covering Letter of the Inspector-Ex. P. 8 and after Post-mortem he recovered M. Os. 2 to 4 from the dead body of the deceased and handed over the same to the Inspector under Form 95, which was marked as Ex. P. 9. After the post-mortem, the dead body was handed over to the relatives of the deceased. P. W. 10, is the Doctor attached to Government Hospital, Dharmapuri , who conducted post mortem on the dead body of the deceased-Krishnan. He found the following internal and external injuries as stated in the Post-mortem Certificate-Ex. P. 10.

(3.) ON the side of the appellant/accused, one Kalaiarasy was examined as D. W. 1, who has deposed that the accused is her brother and she is the daughter of the deceased. According to her, prior to the occurrence, the appellant/accused was shaping a wooden stick. ON seeing that the deceased quarreled with the accused and attempted to attacked him by the handle of a spade and in order to have self defence , the accused pushed the deceased and hence he fell down sustained injuries and died on the spot.