Back
C. S. SUDHA
Gopi, S/o. Nanu – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The appellant, the accused in S.C.No.220/2005 on the file of the Additional Sessions Court, Ad hoc-1, Kottayam, challenges in this appeal filed under Section 374(2) Cr.P.C., the conviction entered and sentence passed against him under Section 294(b) and Section 304 Part II IPC.
2. The prosecution case as revealed from the final report is as follows :
The accused with the knowledge that the deceased, namely, Kuttappan @ Achayan, aged 60 years, is a chronic cardiac patient, on 27/06/2004 at 5.30 p.m. in the pathway situated in Udayagiri Colony, Alamparappu, Koovappalli Village, abused him by calling him obscene words and pushed him down, as a result of which Kuttappan suffered a cardiac arrest. Kuttappan breathed his last while being taken to the Government Hospital, Kanjirappalli. Hence the accused is alleged to have committed the offence punishable under Section 304 IPC.
2.1. Ext.P1 FIS of PW1 was recorded on the same day at 7.45 p.m. by PW10, the then Assistant Sub Inspector, Kanjirappalli Police Station. On the basis of Ext.P1 FIS, Ext.P1(a) FIR, that is, Crime No.201/2004 of the aforesaid Station, was registered on the same day under Section 174 Cr.P.C. for unnatural d
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.
Speaking generally 'culpable homicide' sans 'special characteristics of murder' is 'culpable homicide not amounting to murder'.
The court upheld the conviction under Section 325 IPC, affirming that a lesser charge can be sustained even if the greater charge is not proven, provided there is sufficient evidence.
The act of the accused fell within the first exception to S.300 IPC due to provocation, warranting a conviction under S.304(i) IPC instead.
The prosecution must prove the ingredients of the offence beyond reasonable doubt in order to secure a conviction. Cruelty is an essential ingredient of the offence under Section 498A IPC and must be....
The main legal point established in the judgment is the requirement for direct evidence of cruelty and harassment, and the need to scrutinize witness evidence, especially when there are contradiction....
The court considered the absence of premeditation or previous motive, the nature of the weapon used, and the amount of force employed to determine the accused's guilt.
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
