Judgment :- M. Jeyapaul, J. The appellant is the sole accused, who was convicted for the offence under Sections 302, 201 and 203 of I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- with default sentence, for the offences under Section 201 of I.P.C., 5 years rigorous imprisonment and to pay a fine of Rs.2000/-with usual default clause and for offence under Section 203 of I.P.C. one year rigorous imprisonment and to pay a fine of Rs.500/- with usual default clause. 2. The charge is that the accused Murugesan attacked his wife Kasthuri against the wall with an intention to cause her death and thereby he committed the offence of murder punishable under Section 302 of I.P.C. at about 10.45 p.m. on 4. 2000 . During the course of the same transaction, he attempted to screen evidence and gave false information to the police with an intention to get away from the clutches of law and thereby he committed an offence punishable under Sections 201 and 203 of I.P.C. 3. On the side of the prosecution as many as 11 witnesses were examined besides marking 19 documents and 13 material objects. 4. The accused Murugesan is none other than the husband of the deceased Kasthuri. They resided at Nelliyalam Tea Division. P.Ws. 1 and 2 are the neighbours of the accused. P.Ws. 1 and 2 would depose before the Court that, at about 11.00 p.m. on 4. 2000, they heard the wailing noise of the accused from his house. They found that the light was on at the back yard of his house. P.Ws. 1 and 2 rushed to the house of the accused and found him holding the legs of his wife, who was found hanging by a saree. P.W.1 went out of the house and having secured a knife from the house of P.W.2, cut the saree and brought kasthuri down. They administered water but the water did not enter into the mouth of Kasthuri. It is the further version of P.Ws. 1 and 2 that they, along with the accused, took Kasthuri to Dr. Anbuselvam, P.W.7, who was serving as a duty Doctor at Ten Tea Garden Hospital, at about 2.15 a.m. on 14. 2000. On examination, P.W.7 declared Kasthuri dead. He opined that the deceased had breathed her last about 4 hours prior to his examination. 1 and 2 that they, along with the accused, took Kasthuri to Dr. Anbuselvam, P.W.7, who was serving as a duty Doctor at Ten Tea Garden Hospital, at about 2.15 a.m. on 14. 2000. On examination, P.W.7 declared Kasthuri dead. He opined that the deceased had breathed her last about 4 hours prior to his examination. The jotting with regard to the admission of the Kasthuri to Tea Garden Hospital was marked as Ex.P.6. 5. The accused proceeded to Dewala Police Station and lodged a complaint Ex.P.11. The Sub Inspector of Police, who was present over there registered a case in Cr. No. 81 of 2000 under Section 174 of Cr.P.C. The printed copy of the F.I.R. Ex.P.12 prepared by the Sub Inspector of Police, was dispatched to the learned Judicial Magistrate. As the said Sub Inspector of Police, was dismissed from service, the Deputy Superintendent of Police, P.W.9 has spoken to the above factum. 6. The Revenue Divisional Officer, P.W.10, having received a copy of the F.I.R. relating to the death of Kasthuri within seven years from the date of her marriage, commenced enquiry and held inquest. He prepared inquest report Ex.P.15. Having examined the panchayatdars and other witnesses, during the course of his enquiry, he has come to the conclusion that there was no dowry death in the demise of Kasthuri. As there was a concrete allegation made by the brother of Kasthuri during the course of enquiry that the accused had murdered Kasthuri, he wound up the enquiry and requested the Deputy Superintendent of Police, P.W.9 to take up the investigation. The report submitted by the Revenue Divisional Officer was marked as Ex.P.16. 7. P.W.9, Deputy Superintendent of Police, who also assisted the enquiry embarked upon by the Revenue Divisional Officer, P.W.10, commenced investigation and prepared observation mahazar Ex.P.13 in the presence of Krishnan, P.W.5. The accused, who was present in his house handed over the saree M.O.4 at 6.30 p.m. on the said day. P.W.9 also drew rough sketch Ex.P.14 reflecting the scene of occurrence. Thereafter, he entrusted the investigation to the Inspector of Police, P.W.11. Karuppiah, P.W.3 and Periyasamy, P.W.4 were the co-workers of the accused. On 24. 2000, when they were proceeding to Kolappalli, the accused came to them and started weeping. When enquired about his distress, the accused started unfolding his heart. He informed them that his wife infact did not commit suicide. Karuppiah, P.W.3 and Periyasamy, P.W.4 were the co-workers of the accused. On 24. 2000, when they were proceeding to Kolappalli, the accused came to them and started weeping. When enquired about his distress, the accused started unfolding his heart. He informed them that his wife infact did not commit suicide. As his wife heaped abuse on his mother and sisters on 4. 2000, he, having lost his temper, caught hold of her neck and dashed her against the wall. His wife Kasthuri, having sustained injury on her forehead, collapsed to the ground. Having jittered by the act, he caused simulated hanging and informed the police that his wife committed suicide by hanging. He also informed them that he was mortally afraid to face the police. P.Ws. 3 and 4 took the accused to the Inspector of Police, P.W.11 on the said day. P.W.11 having arrested the accused on the basis of the information furnished by P.Ws. 3 and 4 who surrendered the accused to him, converted the case, which was originally booked under Section 174 of Cr.P.C., into one under Section 302 of I.P.C. and prepared express report Ex.P.18 and dispatched the same to the learned Judicial Magistrate concerned. On the basis of the confession statement given by the accused, they went to his house and recovered a club used to make Chappathi M.O.3. in the presence of P.Ws.3 and 4. Thereafter, he proceeded to the scene of occurrence and prepared observation mahazar Ex.P.5 in the presence of Krishnan P.W.5 at about 8.00 p.m. He also drew rough sketch Ex.P.19 reflecting the scene of occurrence. 8. Dr. Tamilselvan, P.W.8 commenced postmortem examination on the dead body of Kasthuri at 0.30 p.m. on 14. 2000. He found the following symptoms and external and internal injuries on the dead body of Kasthuri. "Appearances found at the Post Mortem of female body lies on back at room temperature. Symmetrical, pale all over, lividity present on the posterior aspect. Nails are bluish in colour. 1.Contusion with swelling 8 cm x 7 cm on the centre of the forehead. On opening subcutaneous heamatoma present. 2.Bruising of the left upper eyelid present swollen, inner surface contused. Sub conjunctival haemorrhage present on the left side. 3. Ligature mark: Dark brown in colour varies from 2-3 cm in width. Horizontally placed in the supra thyroid region from right mostoid to the left stemo mastoid muscle. On opening subcutaneous heamatoma present. 2.Bruising of the left upper eyelid present swollen, inner surface contused. Sub conjunctival haemorrhage present on the left side. 3. Ligature mark: Dark brown in colour varies from 2-3 cm in width. Horizontally placed in the supra thyroid region from right mostoid to the left stemo mastoid muscle. From the stemo mostoid muscles it furns obliquely upward up to the mastoid process. Not seen on the nape of the neck on dissection of the legature mark brushing of the subcutaneous tissues. Present knot mark not seen. Whitish thick discharge present in the vulva. Death would have occurred 35 to 40 hours before P.M. Approximately subconjunctival haemorrhage seen only in the left upper eyelid. Blood stained frothy secreation present in the mouth. Tongue inside the mouth and bluish in colour. Anus pattulus and scared. No blood in the pleural and peritoneal cavity. No fracture of ribs. Heart: 200 gms contracted all the chambers empty Lungs: right 450, left 400, Pinkish in colour c/s. Congested. Hyoid Bone: On opening haemorrhage in seen in the muscles on the right side of neck. Left greater corner to knee of the hyoid bone is fracture at its junction with the body with inward division. Stomach – distended, bluish discolouration present on the outer surface. Contains about 60 gms of partially digested rice particles dull black in colour. Specimen preserved. Liver – 1400 gms (?) c/s congested. Spleen – 100 gms. Normal. Kidney – right – 150 gms. Left – 170 gms C/s. Congested. Small intestine, reddish brown in colour. Contains red colour. Chyme Bladder – empty. Uterus – normal. No fracture of skull bones. No.EDH/SDH., SAH – 3 cm x 3 cm is seen on the right frontal lobe. Brain – 1400 gms, both the frontal lobes are contused SAH – 3 cm x 3 cm present on the right side. C/s. Mild Congestion present in the frontal lobes, other areas normal. Altas and axis no fracture. 1.Stomach & Contents. 2. Small intestine & contents 3. One kidney. 4. Sample of liver 5. Sample of preservative were all preserved for chemical analysis". 9. P.W.8 in his postmortem certificate Ex.P8 has categorically given a final opinion to the effect that the deceased appeared to have died of Asphyxia due to throttling and intra cranial hemorrhage and subsequently hanged after death. 10. 2. Small intestine & contents 3. One kidney. 4. Sample of liver 5. Sample of preservative were all preserved for chemical analysis". 9. P.W.8 in his postmortem certificate Ex.P8 has categorically given a final opinion to the effect that the deceased appeared to have died of Asphyxia due to throttling and intra cranial hemorrhage and subsequently hanged after death. 10. P.W.11, having completed the investigation in this case, laid the final report in Court as against the accused for offences under Sections 302, 201 and 203 of I.P.C. On 9. 2000. 11. The accused was questioned under Section 313 of Cr.P.C. bringing to his notice the incriminating circumstances spoken to by the aforesaid witnesses examined on the side of the prosecution. Having emphatically denied his role in the crime alleged, he submitted in his separate written statement as follows:- On 4. 2000 at about 10.30 p.m., he came to his house. His son was very adamant to take tablet. As per instruction of his wife Kasthuri, the accused went out and chatted with his colleague Arumugam for about half an hour. Thereafter, he came down to the house at about 11.00 p.m. on the said day. But to his surprise he found that the house was closed from inside. His daughter came and opened the door. He went inside and found to his shock and surprise that his wife was found hanging. Immediately thereupon, he called P.Ws.1 and 2 for help. Both of them helped him to bring down his wife, who was found hanging. His wife was taken to Dr. Anbuselvam, P.W.7, who declared his wife dead. The next day, he went to Dewala Police Station and submitted a report. The testimony of P.Ws. 3 and 4 are completely false. They are not so close to him. It is totally untrue to state that he confessed the crime to them and only through them he surrendered before the police. On 24. 2000 itself, he was summoned to the police station and having tortured him, a false case was foisted on him. Never had he given any confession statement to the police. He was not aware of either P.W.5 or P.W.6. He has pleaded for acquittal. 12. The trial Court, having adverted to the extra judicial confession given by the accused to P.Ws. Never had he given any confession statement to the police. He was not aware of either P.W.5 or P.W.6. He has pleaded for acquittal. 12. The trial Court, having adverted to the extra judicial confession given by the accused to P.Ws. 3 and 4 and the telling medical evidence available in the form of Ex.P8 has come to the conclusion that the accused had not only committed murder but also attempted to divert the course of investigation by falsely giving information about the murder of his wife. 13. The learned counsel for the appellant would submit that the evidence of P.Ws. 3 and 4 does not inspire confidence of the Court, inasmuch as the extra judicial confession was allegedly given by the accused to P.Ws. 3 and 4, several days after the alleged occurrence. Referring to the medical testimony available on record, she would submit that the presence of Saliva with blood found oozing from the mouth would go to show that it was a real case of suicide by hanging and not murder. If the extra judicial confession is eschewed from the records, there is no material on record to incriminate the accused in this case. At any rate, she would, without prejudice to the aforesaid statement, submit that the offence alleged to have been committed by the accused would fall only under Section 304(ii) and not under Section 302 of I.P.C. 14. The learned Additional Public Prosecutor would vehemently contend that there is no reason to disbelieve the testimony of P.Ws. 3 and 4, who had come out with the extra judicial confession of the accused. No explanation was forthcoming from the accused, who was present in the house at the time of the occurrence, for the injuries found on the person of his wife. The post mortem certificate Ex.P8 completely clinches the charge that the murder was committed and thereafter, the dead body was hanged to make it appear that it was a case of suicide. 15. Let us examine, whether the extra judicial confession given by the accused to P.Ws. 3 and 4 is trust worthy or not. P.W.3 resided at Nelliyalam Tea Division Colony where the accused, P.W.1 and P.W.2 resided at the time of the occurrence. It is found that he was the Vice President of the Plantation workers at the time of the occurrence. 3 and 4 is trust worthy or not. P.W.3 resided at Nelliyalam Tea Division Colony where the accused, P.W.1 and P.W.2 resided at the time of the occurrence. It is found that he was the Vice President of the Plantation workers at the time of the occurrence. P.W.4 was also an elected District Vice President of I.T.I.U. Union. The accused was admittedly working as a driver at Nelliyalam Tea estate. P.Ws. 3 and 4 had some status amongst workers in the aforesaid tea estate. No wonder, the accused had reposed confidence in those witnesses. Of course, there is some delay in giving extra judicial confession to those witnesses by the accused. As per the case of the prosecution, the accused had furnished a false information to the police to misdirect the process of investigation. Only after the Revenue Divisional Officer, P.W.10, had given a finding that there was no dowry death and a suspicion shrouded the death of Kasthuri, the accused had chosen to approach P.Ws. 3 and 4 and confess the crime he has committed. There is no reason to disbelieve the testimony of P.Ws. 3 and 4, who had come out with such an extra judicial confession given by the accused. Therefore, we have no hesitation in relying upon the extra judicial confession given by the accused to P.W. 3 Karuppiah and P.W. 4 Periyasami. 16. Dr. Tamilselvan, while conducting post-mortem examination, had found oozing of saliva from the mouth of Kasthuri and also oozing of white liquid from the vagina. Despite those two features found on the dead body, he has emphatically given an opinion in the post mortem certificate Ex.P8, that the death of Kasthuri was due to homicidal violence and the hanging had been stage managed only after her death. We are fully in agreement with the medical testimony of Dr. Tamil Selvan, P.W.8. 17. Even assuming for the sake of argument that the body of Kasthuri was hanged even before she breathed her last. It does not advance the case of the defence any further. As per the extra judicial confession given by him, he had attacked his wife by pushing her against the wall and when she swooned and collapsed, he simulated hanging. The extra judicial confession and the medical evidence available through Dr. Tamilselvan, P.W.8 would clinchingly establish that the accused murdered his wife and thereafter, hanged her. As per the extra judicial confession given by him, he had attacked his wife by pushing her against the wall and when she swooned and collapsed, he simulated hanging. The extra judicial confession and the medical evidence available through Dr. Tamilselvan, P.W.8 would clinchingly establish that the accused murdered his wife and thereafter, hanged her. The accused cannot abdicate his responsibility for the death occasioned just because the deceased breathed her last only when she was in the process of hanging. 18. In the post mortem certificate Ex.P8, the post mortem Doctor has spoken to the effect that there was a contusion with swelling measuring 8 c.m. X 7 c.m. on the centre of the forehead. On opening of the afore said wound, he had noted the presence of subcutaneous heamatoma. This particular injury noted down by the post mortem doctor synchronizes with the description of the occurrence by the accused through his extra judicial confession to P.Ws. 3 and 4, who had some status amongst the workers in the Tea estate. No explanation has been offered by the accused for such an injury found on the dead body of his wife. 19. It is not the case of the defence that the injury on the forehead of the deceased was caused when the dead body was brought down by the accused with the help of P.Ws. 1 and 2. Never had P.Ws. 1 and 2 spoken about such a heavy fall of the dead body immediately after snapping the saree. Therefore, the prosecution has established that the injury on the forehead of the deceased was caused only by the accused. The accused had been present in the house at the time of the occurrence. Very strangely, the accused has come out with the version in order to misdirect the investigation that he went out of the house for about half an hour and chatted with one Arumugam. The further version of the accused who sets up alibi at the time of the occurrence is that he gained entry into his house when his daughter opened the house from within. Neither the dauther of the accused nor Arumugam was examined on the side of the defence to establish such an alibi set up by the accused. The further version of the accused who sets up alibi at the time of the occurrence is that he gained entry into his house when his daughter opened the house from within. Neither the dauther of the accused nor Arumugam was examined on the side of the defence to establish such an alibi set up by the accused. We find that the aforesaid version of the accused is quite artificial inasmuch as the daughter of the accused had chosen to open the house from within very calmly when her mother had hanged herself in the house. Therefore, rejecting the submission made by the learned counsel for the appellant, we have no hesitation to hold that the accused, having caused the death of his wife had also attempted to escape from legal punishment by disseminating totally false information to the police. 20. The next question which survives for our consideration is what is the gravity of the offence the accused has committed. Though the confession statement given by the accused to the investigating sleuth is not as such admissible in law, the same can be used by the Court to assess the gravity of the offence committed by the accused. In other words, the portions which are available to the accused in the confession statement given by him can be used in his favour while determining the gravity of the offence he has committed. 21. The accused has come out with the version before the investigating officer through his confession statement that Kasthuri, the wife of the accused, started heaping abuse on his family members viz., his mother and sisters which stirred him to loose his temper. His rustic reaction had culminated in the death of his wife. The very same version also has been disclosed by the accused before P.Ws. 3 and 4 through his extra judicial confession. If we carefully analyse the aforesaid version of the accused, we find that the accused had attacked his wife having lost his temper on account of the explosive language pregnant with provocative flavour used by his wife. That apart, we also find that the sudden quarrel which preceded the occurrence had generated passion in him which ultimately culminated in the unpremeditated attack on his wife. The aforesaid act of the accused squarely falses not only under exception (i) but also under exception (iv) to Section 300 IPC. 22. That apart, we also find that the sudden quarrel which preceded the occurrence had generated passion in him which ultimately culminated in the unpremeditated attack on his wife. The aforesaid act of the accused squarely falses not only under exception (i) but also under exception (iv) to Section 300 IPC. 22. Coming to the nature of the punishment that can be awarded to the accused, we find that the accused in the heat of passion had pushed her against the wall using a small club meant for making chappathi. Though there is no possibility for him to harbour an intention to commit murder of his wife in the absence of any motive, he would have had the knowledge that such an attack would definitely culminate in her death. Therefore, we are inclined to punish him under Section 304 part-II of I.P.C. instead of Section 302 IPC apart from the punishment for the other charges which stood proved before the trial Court. 23. Therefore, the conviction and sentence imposed on the accused for the offence under Section 302 of I.P.C. by the trial Court stands set aside. Instead, the accused is convicted for the offence under Section 304 part-II of IPC and sentenced to undergo five years R.I. The fine amount imposed for the offence under Section 302 IPC stands maintained for the offence under Section 304 Part-II of IPC. We also maintain the conviction and sentence imposed on the accused by the trial Court for the offence under Sections 201 and 203 of I.P.C. The appeal is ordered accordingly.