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B. R. GAVAI, K. VINOD CHANDRAN
Ganesan – Appellant
Versus
State of Tamil Nadu Rep. by Inspector of Police – Respondent
JUDGMENT :
K.VINOD CHANDRAN, J.
1. The appellant, who was working abroad lost his employment and returned to his family, comprising of his wife and three children. Unable to get any employment, he took to the bottle and perpetrated continuous harassment on his wife and children. The wife, thus, left him to live with her mother who had a small business and was capable of looking after the daughter and her children. Enraged by the desertion; which the appellant believed was due to the instigation of the mother-in-law, with clear premeditation, he went to the shop of the mother-in-law with a billhook and attacked her. The wife who tried to save her mother also suffered injuries.
2. The appellant was booked under Sections 498A, 294(b), 307 and 506(II) of the Indian Penal Code, 1860 (for brevity “the I.P.C.”) the attempt to murder being levelled on two counts, as committed against the mother and daughter. The trial court convicted the appellant and sentenced him to imprisonment for life under Section 307 as against the mother-in-law, three years rigorous imprisonment (RI) under Section 498A with a fine respectively of Rs. 30,000 and Rs. 20,000, as also three years simple imprisonment (SI)
Appellate Court is not competent to impose a punishment higher than maximum that could have been imposed by Trial Court.
(1) Unintentional homicide is not murder under Section 302 of IPC.(2) Merely because witnesses are relatives, cannot be a ground to discard testimony of such witnesses – Only requirement is that test....
The main legal point established in the judgment is the importance of considering the nature of injuries and the manner of assault in determining the appropriate charge and sentencing for the accused....
Court finds alteration of conviction from S.307 to S.308 IPC justified due to nature of injuries and circumstances of the case.
Attempt to murder – To attract offence under Section 307, IPC victim need not suffer any kind of bodily injury – Offence to commit murder punishable under Section 307, IPC is constituted by concurren....
The court ruled that the Appellant's actions constituted culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of premeditation and presence of heat of passion.
The conviction under Section 307 IPC was not sustainable due to insufficient evidence of intent to kill, leading to modification to Section 324 IPC.
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