Judgment :- M. Jeyapaul, J. The accused is the appellant before this Court. The accused was convicted for offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default to undergo six months rigorous imprisonment, was convicted for offence under Section 307 I.P.C. and sentenced to undergo imprisonment for seven years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six months and was also convicted for offence under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default to undergo three months rigorous imprisonment. All the aforesaid sentences were directed to run concurrently. Though the charge under Section 458 I.P.C. was framed as against the appellant, the trial Court has chosen to acquit the appellant of the aforesaid charge. 2. The charge is that the accused, who is none other than the son of the first wife of the husband of the deceased on 16. 2003 at about 4.00 a.m. committed house trespass and thereby committed an offence punishable under Section 458 I.P.C. During the course of the same transaction, the accused with an intention to cause the death of Indira attacked her on her head with a knife and caused her instantaneous death and thereby he committed the offence punishable under Section 302 I.P.C. In the course of the same transaction, he attempted to commit murder of his father Natarajan and his half brother Silambarasam with knife and thereby committed an offence punishable under Section 307 I.P.C.(2 counts). 3. As many as twelve witnesses have been examined besides marking 23 documents and 10 material objects on the side of the prosecution. Though no document was marked on the side of the defence, the blood brother of the accused by name Saravanan was examined as D.W.1. 4. The case in brief as unfolded by the witnesses examined on their side is as follows: Natarajan P.W.1 is the father of the accused Anbu. The accused and D.W.1 were born to P.W.1 through P.W.1s first wife. The deceased Indira is the second wife of P.W.1. Silambarasan, P.W.2 was born to them. 5. The accused who had studied upto 8th standard had been to Belgaum along with his sister Kalaivani to eke out his livelihood. The accused and D.W.1 were born to P.W.1 through P.W.1s first wife. The deceased Indira is the second wife of P.W.1. Silambarasan, P.W.2 was born to them. 5. The accused who had studied upto 8th standard had been to Belgaum along with his sister Kalaivani to eke out his livelihood. About three months prior to the occurrence, the accused came down to his village with the earning of Rs.47,000/-. P.W.1 advised him to deposit the said sum in some Bank. Without heeding the said advice, the accused doled out a sum of Rs.10,000/- to his brother Jaishankar. He had also purchased clothes for a sum of Rs.10,000/-. The remaining amount of Rs.27,000/-was kept idle by the accused. The deceased Indira, who is the second wife of P.W.1 also joined P.W.1 in scolding the accused for not heeding the advice of P.W.1 to deposit the amount in Bank. There was a quarrel on 16. 2003 on account there of. 6. On 16. 2003 P.W.1 and his second wife Indira went to bed in a pump set. Silambarasan, P.W.2 was sleeping under a coconut tree situated in front of the said pump set. 7. At about 4.00 a.m. on 16. 2003, the accused attacked Indira with knife. P.W.1 raised alarm. The accused attacked him on his head and also on his left hand. P.W.2 woke up hearing the noise in the house. He was also attacked by the accused with knife M.O.1. They found Indira dead in a pool of blood. The accused fled away from the scene of occurrence. P.Ws. 1 and 2 were taken by D.W.1. first to the Gudiyatham Government Hospital and thereafter to Vellore Government Hospital for treatment. 8. The Sub-Inspector of Police Mr.Kasinathan, P.W.10, who received intimation at about 5.30 a.m. on 16. 2003 went to Vellore Government Hospital at about 9.00 a.m. and recorded the oral statement, Ex.P.1 given by Natarajan P.W.1 and registered a case in Crime No.435 of 2003 for offences under Sections 302 and 307 of the Indian Penal Code. He prepared printed first information report Ex.P.21 and despatched the same to the learned Judicial Magistrate concerned. 9. The Inspector of Police Mr.K.A.Sundaram, P.W.11 having received a copy of the printed first information report proceeded to the scene of occurrence at about 11.45 a.m. on 16. He prepared printed first information report Ex.P.21 and despatched the same to the learned Judicial Magistrate concerned. 9. The Inspector of Police Mr.K.A.Sundaram, P.W.11 having received a copy of the printed first information report proceeded to the scene of occurrence at about 11.45 a.m. on 16. 2003 and having observed the scene of occurrence prepared observation mahazar Ex.P.2 in the presence of the Village Administrative Officer, P.W.3. He recovered blood stained mat - M.O.2, shawl- M.O.3, blood stained earth- M.O.4 and sample earth- M.O.5 under relevant seizure mahazar Ex.P.3 in the presence of P.W.3. Thereafter, he observed the place where Silambarasan, P.W.2 was attacked and recovered blood stained mat- M.O.6, Saree- M.O.7, half sleeved shirt- M.O.8, blood stained earth- M.O.9 and sample earth- M.O.10 under relevant seizure mahazar Ex.P.4 in the presence of P.W.3. 10. Dr.Arularasi, P.W.5 admitted Silambarasan for treatment to Gudiyattam Government Hospital at about 5.00 a.m. on 16. 2003. She found a deep laceration measuring 25x10x15cm across the nape of the neck of Silambarasan. Having discharged the said Silambarasan, P.W.2 on 7. 2003, she issued copy of the Accident Register Ex.P.9. She also admitted Natarajan P.W.1 to Government Hospital, Gudiyattam on 16. 2003 at 5.10 a.m. She found deep severe laceration measuring 30x7x10cm on the left cheek below the left ear and a laceration measuring 5x1 cm on the left palm. She having discharged him on 7. 2003 issued copy of the Accident Register Ex.P.10. Dr.Soundarapandian, P.W.6 attached to Government Hospital, Vellore has issued treatment certificate Ex.P.12 to P.W.1 and yet another treatment certificate Ex.P.13 to P.W.2. 11. Dr.Premakumari, P.W.7 commenced post-mortem examination on the dead body of Indira, having received the requisition from the Inspector of Police, P.W.11 at 4.00 p.m. On 16. 2003. She found the following external injuries and other symptoms on the dead body of Indira: "External Injuries: 1. A wound measuring about 6cmx5cmx6cm in depth seen on the right side of the neck below the right ear about 5cm from the ear lobule on the right side of the neck. Direction of the wound is downwards and inwards. The wound is exposed with injury to the muscles, nerves and major blood vessels bleeding more present. Internal Appearance: On opening the thorax and abdomen all the organs are normal in situ. Heart 250 grams. Lungs right lung: 400 grms. Left Lung: 1000 grms. Spleen: 75 grams Each Kidney 100 grms. Intestines normal. The wound is exposed with injury to the muscles, nerves and major blood vessels bleeding more present. Internal Appearance: On opening the thorax and abdomen all the organs are normal in situ. Heart 250 grams. Lungs right lung: 400 grms. Left Lung: 1000 grms. Spleen: 75 grams Each Kidney 100 grms. Intestines normal. Bladder empty. Uterus: Normal. On opening the skull: Normal. Brain – 1100 grams." She opined in the post-mortem certificate Ex.P.15 that the deceased appeared to have died of shock and haemorrhage due to the injury found in the neck about 11 to 13 hours prior to the post-mortem. 12. The post-mortem constable Mr.M.Selvam, P.W.8 has spoken to the recovery of the Saree- M.O.13, Petticoat- M.O.14 and Jacket- M.O.15 from the dead body of Indira after the post-mortem examination was completed by P.W.7. With his Special Report Ex.P.16, he submitted the aforesaid material objects for the purpose of investigation in this case. 13. When the Village Administrative Officer Mr.Srinivasan, P.W.4 was at his office at about 8.30 a.m. on 20.6.2003, the accused came over there and voluntarily gave a confession statement Ex.P.5 to him. He went along with the accused to the Inspector of Police S.Balakrishnan, P.W.12, who has taken up the investigation from P.W.11 and surrendered the accused along with the confession statement Ex.P.5 recorded from the accused. P.W.12 arrested the accused at about 9.15 a.m. on the said day and recorded the disclosure statement from the accused. On the basis of the admissible portion (Ex.P.7) in the aforesaid disclosure statement given by the accused, he went along with the Village Administrative Officer, P.W.4 to the backside of the house of P.W.1 and recovered at the instance of the accused the knife- M.O.1, Lungi -M.O.11 and blood stained Banian- M.O.12 under relevant seizure mahazar Ex.P.8. The accused was remanded to judicial custody and the material objects also were submitted to the Court for the purpose of sending the same for chemical examination. .14. Mr.Ramanathan, the Head Clerk attached to the Judicial Magistrate Court, Gudiyattam, P.W.9 has spoken to the requisition given by P.W.12 for the purpose of sending the material objects for chemical examination, the covering letter Ex.P.18 sent along with the material objects, the Biology report Ex.P.19 and Serology report Ex.P.20 received from the chemical examiner. 15. .14. Mr.Ramanathan, the Head Clerk attached to the Judicial Magistrate Court, Gudiyattam, P.W.9 has spoken to the requisition given by P.W.12 for the purpose of sending the material objects for chemical examination, the covering letter Ex.P.18 sent along with the material objects, the Biology report Ex.P.19 and Serology report Ex.P.20 received from the chemical examiner. 15. The Inspector of Police P.W.12 having completed the investigation laid final report as against the accused for offences under Sections 302, 307 and 458 of the Indian Penal Code. 16. The accused during the course of examination under Section 313 of the Code of Criminal Procedure with respect to the incriminating circumstances spoken to by the witnesses examined on the side of the prosecution, has completely denied his role in the crime alleged as against him. He would affirmatively say that he was not arrested as spoken to by the witnesses. Nor had he given any confession statement as alleged by them. He would further plead that he was taken from his house by the police and a false case was foisted on him. 17. On his side, his blood brother Saravanan was examined as D.W.1. He has stated before the Court that when the family members were in deep sleep, there was a distress call emanated from his father. In fact, his father shouted saying that somebody else had attacked and left the scene of occurrence. When D.W.1 went inside the house, he found his father -P.W.1, his half brother-P.W.2 and the deceased Indira with bleeding injuries. It was he who has taken P.W.1 and P.W.2 to Gudiyattam Government Hospital for treatment. P.W.1 had informed the doctor, who admitted him for treatment that an unknown person attacked him and caused injury. The accused Anbu was present through out, but unfortunately, he was taken by the police for the purpose of enquiry and a case was foisted on him. .18. The learned trial Judge having placed reliance upon the ocular testimony of P.Ws. P.W.1 had informed the doctor, who admitted him for treatment that an unknown person attacked him and caused injury. The accused Anbu was present through out, but unfortunately, he was taken by the police for the purpose of enquiry and a case was foisted on him. .18. The learned trial Judge having placed reliance upon the ocular testimony of P.Ws. 1 and 2 and the extra judicial confession given by the accused to the Village Administrative Officer, P.W.4, in the background of the medical evidence and the Serologists report Ex.P.20 available on record has come to the conclusion that the accused not only committed murder of Indira, but also attempted to commit murder of Natarajan P.W.1 and attacked P.W.2 with lethal weapon, M.O.1 and caused simple injury and thereby the accused committed offences punishable under Sections 302, 307 and 324 of the Indian Penal Code. 19. Learned counsel for the appellant would submit that the trial Court has not given much credence to the testimony of D.W.1, who was all along present along with the injured witnesses P.Ws. 1 and 2. The trial Court should have treated the evidence let in on the side of the defence on par with the evidence let in on the side of the prosecution. P.Ws. 1 and 2 have stated before the Doctor, who admitted them for treatment that an unknown person attacked them and caused injury. If at all the accused who is none other than the son of P.W.1 authored the crime alleged against him, P.W.s 1 and 2 would have definitely spoken to the role of the accused before the doctor, who admitted them for treatment. It is his further submission that the alleged extra judicial confession reported to have been given by the accused before the Village Administrative Officer, P.W.4 is found to be totally artificial. The accused was taken by the police on 20.6.2003 and a false case was foisted on him. 20. Learned Additional Public Prosecutor, Mr.N.R.Elango would submit that the first information report has been recorded from P.W.1 at the Government Hospital, Vellore at 9.00 a.m. on 16. 2003 itself and the printed first information report recorded by P.W.1 has reached the learned Judicial Magistrate at 1.30 p.m. itself on the very same day. Therefore, the plea of the accused that a case was foisted on him having apprehended him on 20.6.2003 cannot be accepted. 2003 itself and the printed first information report recorded by P.W.1 has reached the learned Judicial Magistrate at 1.30 p.m. itself on the very same day. Therefore, the plea of the accused that a case was foisted on him having apprehended him on 20.6.2003 cannot be accepted. He would further contend that the trial Court has rightly returned the verdict of conviction based on the ocular testimony, extra judicial confession and the medical evidence available on record. 21. Of course, the prosecution has chosen to examine only the inmates of the house, where the occurrence took place, as ocular witnesses in this case. The occurrence had unfolded at 4.00 a.m. On 16. 2003. Only the inmates of the house would be available at the odd hour. P.W.1 is none other than the father of the accused. There is no reason to falsely implicate his own son in the crime of murder. Further, it is found that P.W.1 also sustained injury in the occurrence. P.W.2 is none other than the half brother of the accused. P.W.1 has cogently spoken to the fact that it was only the accused on account of the quarrel which preceded the occurrence, attacked his wife and committed murder. And thereafter, he also attacked him and his son Silambarasan P.W.2 and attempted to murder them. Silambarasan P.W.2 an youngster aged 15 years at the time of occurrence, who woke up on hearing the distress call of his father has fairly spoken to the fact that he saw only the accused attacking his father. He has not stated that he witnessed the accused attacking his mother Indira. He would further state that he was also attacked, when he woke up in the mid of his slumber. There is no reason to doubt or disbelieve the ocular testimony of P.Ws. 1 and 2 who had received injury in the very same course of incident. Such close relatives of the accused would not venture to implicate the accused, unless there had been a very strong motive therefor. 22. Coming to the submissions made by the learned counsel for the appellant that a false case was foisted on the accused, who was taken from his house, the court finds that the first information report was recorded as submitted by the learned Additional Public Prosecutor at 9.00 a.m. on 16. 2003, at Government Hospital, Vellore. 22. Coming to the submissions made by the learned counsel for the appellant that a false case was foisted on the accused, who was taken from his house, the court finds that the first information report was recorded as submitted by the learned Additional Public Prosecutor at 9.00 a.m. on 16. 2003, at Government Hospital, Vellore. On a careful perusal of the printed first information report, it is found that the said report had reached the portals of the learned Judicial Magistrate, Gudiyattam at 1.30 p.m. itself. The first information report discloses the role of the accused herein and the same has been corroborated by the author there of. It is not as if the first information report does not disclose the name of the assailant and all of a sudden the prosecution pounced on the accused, who was with P.Ws. 1 and 2 at the hospital along with D.W.1. Therefore, the Court is not inclined to accept the submission made by the learned counsel for the appellant that a false case was foisted on the accused who was an innocent. .23. The Village Administrative Officer P.W.4 has spoken to the fact that the accused came down to him and unfolded his heart about the occurrence. There is no reason to doubt the testimony of the Village Administrative Officer also. Doctor Arularasi has spoken to the fact that P.Ws. 1 and 2 informed her at the time of admission to hospital that a male member attacked them and caused injury. The fact remains that D.W.1, who is the blood brother of the deceased was present along with P.Ws. 1 and 2 at the time of admission to the hospital for treatment. Therefore, it is quite probable that P.Ws. 1 and 2 would not have chosen to divulge the very name of the accused when they were admitted to the Government Hospital for treatment in the very presence of D.W.1. But the fact remains that P.W.1 has chosen to give a graphic account of the occurrence before the Sub-Inspector of Police, P.W.10, who recorded the first information report from him. It is not a case where the injured patients informed the Duty Doctor that an unknown assailant attacked them. Therefore, the fact that P.Ws. But the fact remains that P.W.1 has chosen to give a graphic account of the occurrence before the Sub-Inspector of Police, P.W.10, who recorded the first information report from him. It is not a case where the injured patients informed the Duty Doctor that an unknown assailant attacked them. Therefore, the fact that P.Ws. 1 and 2 had not specifically stated that a known person attacked them before the doctor does not in any way create a doubt in the case of the prosecution. 24. Coming to the medical evidence, it is found that Doctor Premakumari P.W.7 has noted down the lethal injury found on the neck of the deceased. The said injury has been corroborated by the ocular witnesses in this case. 25. Coming to the Serologists report Ex.P.20, it is found that the Lungi and Banian recovered from the accused in the presence of the Village Administrative Officer P.W.4 were found with human blood of B group. The Saree and Blouse recovered by the post-mortem constable P.W.8 after the post-mortem examination was over were also found with human blood of B group. Therefore, the blood group found on the apparels worn by the accused at the time of occurrence did tally with the blood group found in the apparels worn by the deceased at the time of occurrence. No explanation is forthcoming from the accused as to how the apparels worn by him at the time of occurrence were found with human blood of B group. 26. The Court finds that the trial Court has rightly come to the conclusion in the aforesaid telling evidence available on record that the accused caused the death of Indira, attempted to murder Natarajan P.W.1 and caused injury to Silambarasan, P.W.2. 27. Learned counsel for the appellant would submit that the accused has allegedly stated before the Village Administrative Officer P.W.4 in the extra judicial confession and also in the alleged confession given before the investigating officer that on account of the torture given by Indira and also on account of the quarrel, which preceded the occurrence, he attacked Indira and caused her death. Therefore, he would submit that the offence if at all the accused has committed would fall squarely under Exception 1 to Section 300 of the Indian Penal Code. .28. Therefore, he would submit that the offence if at all the accused has committed would fall squarely under Exception 1 to Section 300 of the Indian Penal Code. .28. We carefully perused the extra judicial confession given by the accused to the Village Administrative Officer P.W.4 and the alleged confession given to the Inspector of Police P.W.12 in this case. The accused has stated that the continuous torture emanated from Indira being his step mother had provoked him to woke up in the odd hours to attack her and cause her death. We find that the sustained provocation emanated from the deceased Indira had culminated in the occurrence. Therefore, we find that the accused had caused the death of Indira only on account of sustained provocation he had harboured in his mind through out the night, hich preceded a quarrel emanated not only from P.W.1 but also from the deceased Indira. 29. For the foregoing reasons, we find that the act of the accused falls squarely under Exception 1 to Section 300 of the Indian Penal Code. Considering the nature of weapon used and the situs of of injury found on the victim, we find that the accused would have intended to cause the death of Indira. Therefore, we are inclined to convict the accused for offence under Section 304(I) of the Indian Penal Code instead of the offence under Section 302 I.P.C. apart from other offences under Sections 307 and 324 of the Indian Penal Code. 30. While setting aside the order of conviction passed by the trial Court for offence under Section 302 of the Indian Penal Code, we convict the accused for offences under Sections 304 (I), 307 and 324 of the Indian Penal Code. While sustaining the sentence imposed on the accused for offences under Sections 307 and 324 of the Indian Penal Code, we also sentence the accused to undergo seven years rigorous imprisonment for offence under Section 304(I). The fine amount imposed on the accused for offence under Section 302 of the Indian Penal Code shall be maintained for the offence under Section 304(I) of the Indian Penal Code. The sentences shall run concurrently. The appeal is disposed of accordingly.