Back
IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
In Re: Marana Goundan
Versus
Decided On : 17.12.1940
Conviction - Section 304 (2) of the Indian Penal Code - Appellant convicted for causing death by kicking - Conviction altered to Section 323, Indian Penal Code
Fact of the Case:
The appellant was convicted under Section 304 (2) of the Indian Penal Code for causing the death of the deceased by kicking him on the abdomen. The appellant was sentenced to rigorous imprisonment for 7 years.
Finding of the Court:
The court found that the conviction under Section 304 (2) was unsustainable as there was no evidence to suggest that the appellant intended or knew that his actions were likely to endanger life. The conviction was altered to one under Section 323, Indian Penal Code, and the appellant was sentenced to rigorous imprisonment for one year.
Issues: The main issue was the appropriate conviction under the Indian Penal Code for the appellant's actions leading to the death of the deceased.
Ratio Decidendi: The court considered the evidence and concluded that the conviction under Section 304 (2) was unsustainable due to lack of intent or knowledge of endangering life. The conviction was altered to a lesser offense under Section 323, Indian Penal Code.
Final Decision: The appellant's conviction was altered to one under Section 323, Indian Penal Code, and he was sentenced to rigorous imprisonment for one year.
Lakshmana Rao, J.
1. The appellant has been convicted under Section 304 (2) of the Indian Penal Code for causing the death of one Karuppa Chuckli by kicking him on the abdomen and sentenced to rigorous imprisonment for 7 years.
2. The deceased owed one anna to the appellant and the latter demanded repayment. The deceased promised to pay later and the appellant, is stated to have kicked him twice on the abdomen remarking How long am I to wait. The deceased collapsed and died soon after.
3. The cause of death was shock due to the kicking and P. W. 7 a disinterested witness not to mention P. W. 4 the widow speak to the alleged kicking. P. W. 5 was informed about it soon after, and the story of the appellant that he merely pushed the deceased and went away is incredible. But there was no mark of injury external or internal, and it is difficult to hold that the appellant intended or knew that by kicking on the abdomen as he did he was likely to endanger life. The conviction under Section 304 (2), Indian Penal Code, is therefore unsustainable and as rightly conceded the conviction can only be under Section 323, Indian Penal Code. The conviction of the appellant is therefore altered to one under Section 323, Indian Penal Code and he is sentenced to rigorous imprisonment for one year.
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
