Back
J. B. PARDIWALA, R. MAHADEVAN
Vijay @ Vijayakumar – Appellant
Versus
State Represented By Inspector Of Police – Respondent
ORDER :
1. This appeal arises from the Judgment and Order passed by the High Court of Madras dated 27-6-2019 in Criminal Appeal No.194/2012 by which the High Court dismissed the appeal filed by the appellant – herein and thereby affirmed the Judgment and Order passed by the Trial Court, i.e., Sessions Judge, Nagapattinam holding the appellant – herein guilty of the offence punishable under Section 304 Part 1 of the Indian Penal Code (hereafter, referred to as “IPC”) and sentencing him to undergo 5 years of rigorous imprisonment. It appears that the appellant was also held guilty of the offence punishable under Section 201 of IPC and was sentenced to undergo 2 years of rigorous imprisonment.
2. The case of the prosecution in brief is as under:-
3. The appellant – herein along with his friends including `PW 11’ and `PW 12’ had gone to watch a movie on 5-11-2007. They were returning home in the mid night hours after watching the movie. While they were sleeping beneath a bridge, they found the deceased over there to be in an inebriated condition. It seems that the deceased was heavily drunk. The deceased picked up an altercation with the appellant – herein and his friends. According to th
The court clarified that for Exception 1 of Section 300 IPC to apply, provocation must be both grave and sudden, leading to a temporary loss of self-control.
The court established that a homicide can be classified as culpable homicide not amounting to murder if committed under grave and sudden provocation, emphasizing the importance of context and the acc....
The court affirmed that evidence must establish intention to commit murder, ruling that provocation claimed by the accused did not mitigate the crime, reaffirming conviction under Section 302 IPC.
The court ruled that actions taken under grave and sudden provocation can lead to a conviction for culpable homicide not amounting to murder, distinguishing it from murder under Section 302 IPC.
The court ruled that the appellant's actions were provoked by the victim's threats, justifying a conviction under Section 304 IPC instead of Section 302 IPC.
Culpable homicide not amounting to murder – Act of provocation and loss of self-control, must be actual and reasonable.
The main legal point established in the judgment is the application of Exception 1 to Section 300 of the IPC, specifically the concept of sustained provocation, and its impact on the appellant's conv....
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to e....
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
