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C. S. SUDHA
Rajan. K. S/o. Janardhananmenon – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
In this appeal filed under Section 374(2) Cr.P.C., the appellant, the accused in S.C.No.344/2005 on the file of the Sessions Court, Kozhikode, challenges the conviction entered and sentence passed against him for the offence punishable under Section 304 Part II IPC.
2. The prosecution case is that the accused with the intention of causing the death of one Harish, a physically challenged person and with the knowledge that his act would cause the death of the latter, on 06/03/2004 at 9 p.m., while Harish was sitting inside the autorickshaw of PW6, pulled him out of the vehicle as a result of which, Harish fell down on the road resulting in grievous injury to his spinal cord. While under treatment, the injury led to the onset of pneumonia which aggravated, resulting in his death on 21/04/2004 at 12.30 a.m. Hence the accused is alleged to have committed the offence punishable under Section 302 IPC.
3. On the basis of Ext.P7 FIS of Harish recorded by PW12, the Head Constable of Panniyankara Police Station, registered Ext.P8 FIR, i.e., Crime No.45/2004 on 17/03/2004 at 18.15
Speaking generally 'culpable homicide' sans 'special characteristics of murder' is 'culpable homicide not amounting to murder'.
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
Grave provocation by the deceased towards the accused's wife leads to a conviction for culpable homicide not amounting to murder under Exception I of Section 300 IPC.
Section 304 of IPC, 1860 which reads as Punishment for culpable homicide not amounting to murder.
Culpable homicide may be reduced to lesser charges under Exception 4 of Section 300 IPC when death occurs due to injuries inflicted during a sudden fight without premeditation.
Prosecution has succeeded in establishing that accused has committed offence under Section 294(b) IPC cannot be found to be correct and hence needs interference.
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.
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