JUDGMENT S. NAGAMUTHU, J. 1. The appellant, who is the sole accused in S.C.No.231 of 2002, on the file of the learned Principal Sessions Judge, Trichy, stood charged for offences under Sections 302 and 506(ii) of the Indian Penal Code. By Judgment dated 31.01.2003, he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two months for the offence under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence under Section 506(ii) of the Indian Penal Code. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal. 2. The case of the prosecution, in brief, is as follows:- The appellant is the husband of the deceased. The deceased, in this case, was one Kalavathy. The deceased was working as a Woman Construction Labourer, [sitthal]. The accused was working as a Broker in the Bus stand for ticketing. PW-1 is the father of the deceased. PW-3 and PW-4 are the sons of the deceased. The accused had suspicion over the fidelity of the deceased. On 05.04.2002, the accused, the deceased and PW-3 and PW-4 were in their house. P'W-3 and PW-4 were sleeping. Around 05.30 AM, on 05.04.2002, they were woken up by the noise caused due to a wordy quarrel between the deceased and the accused. PW-4 immediately rushed to the house of PW1, whose house is situated somewhere near the house of the deceased. PW-1 rushed to the house of the accused along with PW-4. When they reached the house of the deceased, they found the main entrance of the house kept open. When they entered into the house, they found the deceased lying and on her, the accused was sitting and stabbing her with a knife on her chest, head, hands, leg and other parts of the body. The deceased cried for help. On seeing PW-1, the accused intimidated him and warned that he would stab, if anybody tried to catch him. Out of fear, PW-1 did not go near him. At once, the accused fled away from the scene of occurrence with knife, [MO-1]. 2.1. PW-1 along with others took the deceased in an auto to the Government Hospital at Trichy and admitted her as an inpatient. 2.2. Out of fear, PW-1 did not go near him. At once, the accused fled away from the scene of occurrence with knife, [MO-1]. 2.1. PW-1 along with others took the deceased in an auto to the Government Hospital at Trichy and admitted her as an inpatient. 2.2. PW-9, Dr.N.Dhinakaran, examined the deceased at 06.15 AM, on 05.04.2002. She had been brought by her son. The doctor was told by the son of the deceased that the deceased was stabbed with a knife by a known person. He found as many as ten external injuries as detailed below:- "1. A penetrating wound right front of deltoid 3 X 2.5 entering into the chest cavity with air lekeage with blood obliquely downwards in which escapine. 2. A penetrating wound left infra clavicular region 3 X 1.5 X 10 CM obliquely muscle plate to left breast. 3. A penetrating wound 3 X 1 X 2 CM over upper outer aspect of breast. 4. A incised retroaricular region 2 in number each 5 X ½ X ½ X 8 CM. 5. A penetrating wound over right infrainguinal region 3 X 1 X 6 CM oblique downwards to medial side. 6. A penetrating injury over right/upper third of inner aspect of thigh. 7. A cut injury right leg posterial aspect 7 X 3 X 1 CM distally placed skin flap hanging bone. 8. A penetrating injury 2½ X 1 X 2½ CM. 9. A penetrating injury over left gluteal region 10 X 5 CM entering into the peritoneum bleeding. 10. A incised injury 2½ X 1 X 1 CM over posterior aspect of left leg." According to the opinion of the doctor, all these injuries would have been caused by a weapon, like MO-1. EX-P6 is the Wound Certificate. PW-10, Dr.P.Ramachandran, treated the deceased in the hospital. According to him, he attempted to suture all the wounds without shifting the patient from the bed, as her general condition was very poor. But, at 06.45 AM, on 05.04.2002, she died. In respect of the same, he sent a message to the police outpost. 2.3. PW-11 was the then Sub – Inspector of Police, attached to the Cantonment Police Station. At 07.00 AM, on 05.04.2002, he received message and he rushed to the Government Hospital, Trichy, at 07.15 AM. PW-1 gave oral complaint to PW-11, which was reduced into writing by PW-11. EX-P1 is the complaint. 2.3. PW-11 was the then Sub – Inspector of Police, attached to the Cantonment Police Station. At 07.00 AM, on 05.04.2002, he received message and he rushed to the Government Hospital, Trichy, at 07.15 AM. PW-1 gave oral complaint to PW-11, which was reduced into writing by PW-11. EX-P1 is the complaint. On returning to the Police Station, at 08.00 AM, he registered a case in Crime No.431 of 2002 under Sections 302 and 506(ii) of the Indian Penal Code. He forwarded the First Information Report [EX-P8] and the complaint [EX-P1] to the Court, which were received by the learned Judicial Magistrate, at 09.15 AM. Then, he handed over the case diary to the Inspector of Police for investigation. 2.4. Taking up the case for investigation, PW-14, the then Inspector of Police, attached to the Cantonment Police Station, proceeded to the place of occurrence, where he prepared an Observation Mahazer [EX-P2] and Rough Sketch [EX-P16] in the presence of PW-7 and another witness between 08.30 AM and 09.00 AM. Then, from the place of occurrence, he recovered bloodstained earth, sample earth and a bloodstained mat, under EX-P3, a Mahazer. Then, he conducted inquest on the body of the deceased between 10.00 AM and 12.00 noon. EX-P17 is the Inquest Report. Then, he forwarded the dead body for postmortem. PW-13 conducted autopsy on the body of the deceased on 05.04.2002, at 03.30 PM. He found the following injuries:- "1. A curved surfaced wound, 11 cm in length on the right temporal region of the scalp on removal of the sutures edges clean cut 1 cm in breadth. Bone deep 1 cm above the pinna of right ear. 2. A vertical sutured wound 3.5 CM in length on the inner aspect of right shoulder on removal of the sutures, edges clean cut. The upper end is curved and the lower end is acute o/E the right second intercoastal muscles, blood vessels and nerves are clean cut, O/D. A stab wound 2 CM X 1 CM X 1 CM on the upper lobe of right lung present. The right lung is colloposed and c/s Pale. The right side of thorasic cavity contains fluid blood. 3. A Vertical incised wound 4 CM X 5 CM bone deep on the back of right middle finger. 4. The right lung is colloposed and c/s Pale. The right side of thorasic cavity contains fluid blood. 3. A Vertical incised wound 4 CM X 5 CM bone deep on the back of right middle finger. 4. A Vertical incised wound, 2 CM X 0.5 CM bone deep on the inner aspect of back of right middle finger. 5. A Vertical incised wound 3 CM X 1.5 CM muscle deep on the front of upper third of right thigh. 6. A Vertical incised wound, 4 CM X 1 CM X muscle deep, on the inner aspect of upper third of right thigh. 7. A Transverse incised wound, 10 CM X 3 CM X muscle deep on the back of upper third of right leg. 8. A Transverse incised wound, 4 cm X 1 CM X bone deep on the outer aspect of lower third of left leg. 9. A Transverse incised wound 2 CM X 1 CM muscle deep on the back of middle third of left leg. 10. An oblique incised wound, 2.5 CM X 1 CM X muscle deep, on the outer aspect of middle third of left thigh. 11. An oblique incised wound 1 CM X 0.5 CM X muscle deep on the front of middle third of left thigh. 12. A transverse incised wound measuring 1 CM X 0.5 CM X skin deep on the back of middle of left index finger. 13. An oblique incised wound 5 CM X 1 CM X muscle deep on the front of upper third of left arm. 14. An oblique incised wound measuring 4.5 CM X 2 CM X muscle deep on the outer aspect of upper third of left arm. 15. A vertical incised wound 9 CM X 2.5 CM X muscle deep on the left buttock. 16. A transverse stab wound 4 CM X 1.5 CM X cavity deep on the front of left side of chest on the 2nd intercostal space. O/E the edges are clean cut. The inner end of the wound is curved and the outer end of the wound is obtuse. The wound lies over to the body of the sternum. O/o. A stab wound 1 CM X 1 CM 0.5 CM on the upper lobe of left lung present. The left lung is collapse. C/s pale. The left side of thoracic cavity cut. 17. The wound lies over to the body of the sternum. O/o. A stab wound 1 CM X 1 CM 0.5 CM on the upper lobe of left lung present. The left lung is collapse. C/s pale. The left side of thoracic cavity cut. 17. A transverse stab wound 4 CM X 2 CM X cavity deep on the front of left side of chest on the 4th intercostal space 8 cm away from the body of the sternum." 2.5. He opined that the deceased would have died due to the external and the corresponding internal injuries. Ex-P14 is the Postmortem Certificate. During postmortem, he had preserved the visceral organs for examination. As per the said report, the blood group of the deceased was 'B'. According to him, the external and the corresponding internal injuries would have been caused by a weapon, like MO-1, knife. According to him, these injuries are sufficient in the ordinary course of nature to cause the death. 2.6. Continuing the investigation, PW-14 examined the doctors and collected the medical records. On 08.04.2002, at 05.30 AM, at Karur Bus stop, Trichy Central Bus stand, he arrested the accused in the presence of PW-8 and another witness. On such arrest, the accused gave a voluntary confession, in which he had disclosed that he had hidden a knife in a dustbin at Korymedu. In pursuance of the said disclosure statement, he took the police and the witnesses to the said place and produced MO-1, knife. Then, he forwarded the accused and the Material Objects to the Court. On a request made by PW-14, they were subjected to chemical examination. According to the report of the Chemical Analyst, 'B' group human blood was found on the knife and the dress materials of the deceased. On completing the investigation, PW-14 laid charge against the accused for offences under Sections 302 and 506(ii) of the Indian Penal Code. 3. Based on the above materials, the Trial Court framed charges under Sections 302 and 506 (ii) of the Indian Penal Code. The accused pleaded innocence. In order to prove the case of the prosecution, on the side of the prosecution, as many as fourteen witnesses were examined and eighteen documents were exhibited, besides six Material Objects. Out of the said witnesses, PW-1 and PW-4 have spoken to about the occurrence. The accused pleaded innocence. In order to prove the case of the prosecution, on the side of the prosecution, as many as fourteen witnesses were examined and eighteen documents were exhibited, besides six Material Objects. Out of the said witnesses, PW-1 and PW-4 have spoken to about the occurrence. PW-2, PW-3, PW-4 to PW-6, who were also examined as eye-witnesses, have turned hostile and they have not supported the case of the prosecution in any manner. Thus, the prosecution has to rely on the evidences of PW-1 and PW-4 and the other official witnesses. 4. When the above incriminating materials were put to the accused under Section 313 of the Code of Criminal Procedure, he denied the same as false. However, he did not choose to examine any witness on his side. But, at the end of the questioning under Section 313 of the Code of Criminal Procedure, he submitted a written statement, wherein the accused has stated that the deceased, who was a Construction Labourer, had developed illicit intimacy with one Giri, who was a Mason. On one occasion, when he went to the place of work of the deceased, she was not found. Later, he came to know that she had gone for a cinema with the said Giri. He has further stated that PW-3 had told him that on few occasions, when the accused was absent at home, Giri used to come to his house. On knowing the above illicit intimacy, in order to avoid any further shame, according to him, he warned the deceased not to go for work. On the day of the occurrence, the accused had gone out for work at 08.00 PM. On the next day, around 04.45 PM, he returned home. At that time, he found the said Giri rushing out of his house. When he entered into his house, he found PW-3 and PW-4 sleeping. Then, he asked the deceased as to why at that odd hour, the said Giri had visited the house, for which, initially, the deceased stated that Giri did not come at all. But, at the end of conversation, she told the accused, in a very dis-respective manner, that Giri had come and he had sex with her. This, according to him, provoked him. Suddenly, he took out the knife and stabbed her. Then, according to him, he went to the Police Station and surrendered. But, at the end of conversation, she told the accused, in a very dis-respective manner, that Giri had come and he had sex with her. This, according to him, provoked him. Suddenly, he took out the knife and stabbed her. Then, according to him, he went to the Police Station and surrendered. He has further stated that the occurrence was not known either to PW-1 or to PW-4. Thus, it is the positive defence of the accused that he stabbed the accused out of grave and sudden provocation. 5. Having considered the above materials, the Trial Court believed the evidences of PW-1 and PW-4 and convicted the accused for offences under Sections 302 and 506(ii) of the Indian Penal Code. That is how, the appellant is now before this Court with this Criminal Appeal. 6. In this Criminal Appeal, one Mr.A.P.Muthu Pandian, learned counsel, was on record for the appellant. By order dated 04.11.2006, the substantive sentence imposed on the appellant has been suspended. Thereafter, when the Criminal Appeal was listed on several occasions, neither the counsel for the appellant nor the appellant appeared. Therefore, this Court, by order dated 12.12.2012, appointed one Mr.G.Karuppasamy Pandian, as a Legal Aid Counsel, to argue the case on behalf of the accused. This Criminal Appeal was again listed on 19.12.2012. On the said day, the Legal Aid Counsel Mr.G.Karuppsamy Pandian, submitted that he would get instructions from the accused, and then, argue the matter by sending intimation to him. Today, when the Criminal Appeal was taken up, the learned counsel submitted that though he sent a telegram to the accused to the address given in the appeal memorandum, the telegram has been returned to him by the Postal Authorities with an endorsement that there is no such addressee. Therefore, we have heard the learned Legal Aid Counsel for the appellant and the learned Additional Public Prosecutor for the State and also perused the records carefully. 7. Admittedly, in this case, PW-4 is a child witness. It is the contention of the learned counsel for the appellant that PW-4 has been tutored by PW-1, and therefore, he should not be believed. It is his further contention that PW-1 would not have come to the house of the deceased at that odd hour. Thus, the presence of PW-1 is highly unbelievable. It is the contention of the learned counsel for the appellant that PW-4 has been tutored by PW-1, and therefore, he should not be believed. It is his further contention that PW-1 would not have come to the house of the deceased at that odd hour. Thus, the presence of PW-1 is highly unbelievable. He would further submit that the positive defence of the accused is that he stabbed the deceased due to grave and sudden provocation, and therefore, the accused is liable to be punished only under Section 304(ii) of the Indian Penal Code. 8. But, the learned Additional Public Prosecutor for the State would submit that there are no valid reasons to reject the evidences of PW-1 and PW-4. In respect of the plea of the accused that he was actuated by grave and sudden provocation, the learned Additional Public Prosecutor would submit that there are no materials to substantiate the said stand taken by the accused. Thus, according to him, the conviction and sentence imposed on the appellant does not require any interference at the hands of this Court. 9. We have considered the above submissions. Though PW-4 happens to be a child witness, nothing has been brought on record so as to disbelieve the evidence of the said witness. In cross-examination also, except disputing his evidence, nothing else has been brought on record in favour of the accused. Though he is a child witness, we find that his evidence needs to be accepted in full, as it inspires the confidence of the Court. It is his further evidence that he went to the house of PW-1 and brought PW-1 to the place of occurrence. PW-1 has also stated so. Thus, the presence of PW-1 has also been established. 10. The contention of the learned counsel for the appellant is, had it been true that PW1 had witnessed the occurrence, certainly, he would have taken the deceased to the hospital. But, the fact remains that it was the son of the accused, who had brought him to the hospital. So, the presence of PW-1, cannot be believed. 11. In our considered view, the said argument of the learned counsel for the appellant deserves only to be rejected, for the simple reason that PW-1, in his evidence, has categorically stated that he took the deceased to the hospital along with the others. So, the presence of PW-1, cannot be believed. 11. In our considered view, the said argument of the learned counsel for the appellant deserves only to be rejected, for the simple reason that PW-1, in his evidence, has categorically stated that he took the deceased to the hospital along with the others. But, the doctor has mentioned that the deceased was brought to the hospital by her son. One cannot expect the doctor to mention all the names of the persons, who had accompanied the deceased. The doctor would normally mention the name of one person alone. Further, at the time when the deceased was in the hospital, her condition was very critical, and therefore, the aim of the doctor would have been to start the treatment so as to save the life of the deceased without having concentration much on these technical formalities. Therefore, the argument of the learned counsel, in this regard, is rejected. We hold that the presence of PW-1 and PW-4 at the time of occurrence has been clearly established and from their evidences, it has been proved that it was this accused, who alone stabbed the deceased. De hors the evidences of PW-1 and PW-4, it is the positive case of the accused himself that he only stabbed the deceased with a knife. Thus, from the admission of the accused, coupled with the evidences of PW-1 and PW-4, the prosecution has clearly proved that it was this accused, who caused the injuries on the deceased. 12. As per the opinion of the doctor, who conducted autopsy on the body of the deceased, the cause of death was due to the said injuries found on the body of the deceased and these injuries are sufficient to cause the death in the ordinary course of nature. From the nature of the injuries and from the opinion of the doctor, we are inclined to hold that the act of the accused squarely falls within the ambit of the third limb of Section 300 of the Indian Penal Code. 13. Now, turning to the main contention of the accused, the act of the accused would fall within the ambit of the first exception to Section 300 of the Indian Penal, we find some force. 13. Now, turning to the main contention of the accused, the act of the accused would fall within the ambit of the first exception to Section 300 of the Indian Penal, we find some force. In his written statement submitted under Section 313 of the Code of Criminal Procedure, the accused has stated that when he came to his house, he found the said Giri rushing out of his house and when he enquired his wife, though initially, the deceased stated that Giri did not come at all, at the end of the conversation, she told the accused, in a very dis-respectful manner, that Giri had come to the house and he had sex with her. This is probabilized by the evidence of PW-4. It is the evidence of PW-4 that there was a quarrel going on between the deceased and the accused and because of the noise, he was awakened. But, he was not able to say as to what exactly the quarrel was. Might be, because he is an young boy, he would not have meticulously noticed as to what for the quarrel was. Thereafter, he went to the house of PW-1 and returned to his house with PW-1. At that time, they had only seen the accused stabbing the deceased. PW-1, thereafter, would have had no occasion to know as to what for the quarrel was. Thus, what for the quarrel was, was within the exclusive knowledge of the accused and the deceased. Now, the accused has stated in his statement under Section 313 of the Code of Criminal Procedure that the deceased confessed to him that she had sex with Giri. This statement of the accused, though cannot be equated to evidence, in our considered view, deserves to be accepted, because the truthfulness of the said statement is probabilized by the other circumstances, which we have referred to above. Therefore, we are inclined to accept the plea of the accused that he acted out of grave and sudden provocation. Thus, the act of the accused squarely falls within the ambit of first exception to Section 300 of the Indian Penal Code. Therefore, we are inclined to accept the plea of the accused that he acted out of grave and sudden provocation. Thus, the act of the accused squarely falls within the ambit of first exception to Section 300 of the Indian Penal Code. As we have already concluded, the act of the accused would fall under the third limb of Section 300 of the Indian Penal Code, and therefore, applying exception I, we hold that the accused is liable for punishment under Section 304(i) of the Indian Penal Code. 14. Now, coming to the quantum of sentence, at the time of occurrence, the accused was aged 35 years and he is also a coolie. He has got three children. Having considered cumulatively the nature of the crime, the family background of the accused and the other attending circumstances, we hold that ten years of rigorous imprisonment for the offence under Section 304(i) of the Indian Penal Code with a fine of Rs.1,000/-will be just, fair and reasonable. So far as the conviction and sentence under Section 506(ii) of the Indian Penal Code is concerned, the same deserves only to be confirmed. 15. In the result, the Criminal Appeal is partly allowed in the following terms:- (i) The conviction and sentence imposed on the appellant under Section 302 of the Indian Penal Code is set aside and instead, he is convicted under Section 304 (i) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two weeks. (ii) The conviction and sentence imposed on the appellant under Section 506 (ii) of the Indian Penal Code is confirmed. (iii) It is stated that the appellant/accused is on bail. The bail bond executed by him shall stand cancelled and the Trial Court is directed to take steps to secure the presence of the accused and commit him to prison to undergo the remaining period of sentence.