Back
RAJA VIJAYARAGHAVAN V., G. GIRISH
Antony @ Jose, S/o. Joseph – Appellant
Versus
State Of Kerala, Rep. By Public Prosecutor, High Court Of Kerala – Respondent
JUDGMENT :
(Raja Vijayaraghavan, J.)
The above appeal has been preferred by the sole accused in S.C.No. 630 of 2011 on the file of the Court of Session, Thalassery. In the above case, the appellant stood indicted for having committed the offence punishable under Sections 447 and 302 of the IPC.
2. Short facts:
Pulikkal Kunjumon @ Thankappan, his wife Smt. Remani, and their two boys, aged 15 and 12 years respectively, were residents of a place called Pookundu within the limits of Kannur District. The appellant was their neighbor. They had a cordial relationship until about a month prior to October 12, 2008, the day on which the fateful incident that led to the death of Thankappan took place. The prosecution alleges that news doing the rounds in the locality reached the appellant, claiming that Thankappan had tried to molest his wife. This created a tremendous amount of ill feelings in the minds of the accused towards Thankappan. The prosecution further alleges that on October 12, 2008, at about 10:45 p.m., the accused trespassed into the front yard of the deceased's house, bearing Door No. II/446 of Kelakam Panchayat. He started abusing Thankappan and exhorted him to come out. Thanka
The court reclassified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of intent and motive.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
In Exception 4-culpable homicide is not murder if it is committed without premeditation in a sudden fight in heat of passion upon a sudden quarrel and without offender having taken undue advantage or....
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.
The court ruled that a stabbing occurring during a quarrel, influenced by mutual provocation and intoxication, merited a conviction under Section 304-I of the IPC instead of Section 302.
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
If intention of accused was limited to infliction of a bodily injury sufficient to cause death in ordinary course of nature and did not extend to intention of causing death, offence would be murder.
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
