Back
AJAY RASTOGI, AHSANUDDIN AMANULLAH
Nagarathinam – Appellant
Versus
State Through The Inspector Of Police – Respondent
JUDGMENT :
(Ahsanuddin Amanullah, J.)
Leave granted.
2. The present Appeal is directed against the Final Judgment and Order dated 05.08.2019 (hereinafter referred to as the “Impugned Judgment”) passed by the Madurai Bench of the Madras High Court partly allowing Criminal Appeal (MD) No. 186 of 2019 (hereinafter referred to as the “High Court”) filed by the Appellant.
THE FACTUAL PRISM:
3. The Appellant is stated to have had an affair with one Suresh, who used to threaten her often. This led her to take the decision to commit suicide along with her children. Pursuant to her decision to adopt such a course of action, she bought pesticides meant for plants and administered poison to her two children, twins named Ramar and Laxmanan. Thereafter, when the appellant poured the pesticide in a tumbler to consume it herself, her niece pushed it down. However, unfortunately, the two children were declared dead on arrival in the hospital leading to the institution of FIR No.115 of 2003 dated 28.03.2003 at Sempatty Police Station under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”).
4. Upon trial, the learned Additional District and Sessions Judge (Fast Track Co
The court ruled that lack of premeditation and motive in a mother-son homicide allows for conviction under Section 304 Part-II IPC instead of Section 302, reflecting culpable homicide not amounting t....
The appellant was entitled to the benefit of Exception 1 to Section 300 of IPC, converting his conviction under Section 302 of IPC to that of Part-I of Section 304 of IPC, considering the sustained p....
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
