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IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
S. Nagamuthu and V.S. Ravi, JJ.
I. Manikandan – Appellant
Vs.
State – Respondent
Crl. A. (MD) No. 403 of 2010
Decided On : 14-09-2015
Indian Penal Code, 1860 – Sections 341, 302, 307, 300, 299, 304 – Order of Conviction – Appellant is the sole accused in S.C. No. 104 of 2006, on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. – He stood charged for the offences punishable under Sections 341 and 302 of the Indian Penal Code. – By Judgment dated 05.10.2010, the Trial Court has convicted the accused – Held, Court is able to presume that the deceased would have provoked the accused and it was only due to loss of control out of the said provocation made, the accused had cut the deceased with aruval thrice. – Court hold that the act of the accused would squarely fall within the ambit of Exception 1 to Section300 I.P.C. – His act would fall under the third limb of Section 300 I.P.C. and since his act would fall within the ambit of Exception 1 to Section 300 I.P.C, the same would not amount to culpable homicide, amounting to murder, but it is only culpable homicide not amounting to murder. – Thus, the act of the accused would, eventually, fall only under the second limb of Section 299 I.P.C. – Therefore, he is liable to be punished under Section 304 Part I of I.P.C. – So far as the offence under Section 341 IPC is concerned, since the origin of the occurrence has not been clearly established, it is not sure as to whether the accused restrained the deceased or not and therefore the appellant is entitled for acquittal from the charge under Section 341 of I.P.C. – Appellant is an young man having a big family to take care of. He has no history of bad antecedents. – The occurrence itself was out of provocation and not out of premeditation. – There are lot of chances for his reformation. – Having regard to all the above aggravating and mitigating circumstances, by way of striking a balance between these two, Court is of the view that imposing a sentence of seven years rigorous imprisonment with fine of Rs. 3,000/- would meet the ends of justice. – Criminal Appeal Partly Allowed
S. Nagamuthu, J.
1. The appellant is the sole accused in S.C. No. 104 of 2006, on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. He stood charged for the offences punishable under Sections 341 and 302 of the Indian Penal Code. By Judgment dated 05.10.2010, the Trial Court has convicted the accused, as detailed below:
| Convicted under Sections | Sentence imposed | Fine Amount
|
| 341 IPC | To undergo simple imprisonment for one month. |
|
| 320 IPC | To undergo imprisonment for life | Rs.3,000/- in default to undergo simple imprisonment for three months. |
The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.
The case of the prosecution, in brief, is as follows:
"(i) The deceased, in this case, was one Mr. Radhakumar. P.W. 1 is his brother-in-law. It is alleged that the deceased had borrowed money from the accused and he did not repay the same. This resulted in a quarrel between them one year before the occurrence. It is alleged that the deceased stabbed the accused with a knife and in this regard, a case had been registered on the file of the Manavalankurichi Police Station in Crime No. 105/2003 under Section 307 of I.P.C against the deceased. From then onwards, the accused had a strong enmity towards the deceased and this is stated to be the motive for the occurrence.
(ii) On 04.09.2004 at about 8.30 p.m. it is alleged that P.Ws. 1, 4 and one Radhakrishnan had gone to an electrical shop of one Jayasekaran at Ammandivilai village. They found the shop closed, therefore, they started proceeding to the house of Mr. Jayasekaran. When they were nearing his house, the accused suddenly emerged there, scolded the deceased and cut him with an aruval on his right side of the forehead, left side of the fore head and on the left eyebrow. Then the accused fled away from the scene of occurrence with the weapon. The occurrence was witnessed by P.Ws. 1, 4 and Mr. Radhakrishnan. Then, all of them immediately made arrangement to take him to Asari-pallam Government Medical College Hospital.
(iii) P.W. 2, Dr.Usha the Assistant Surgeon at Asaripallam Government Medical College Hospital examined the deceased and found him dead. She declared him dead and transferred the body to the mortuary. She gave death intimation to the police. P.W. 10, the then Sub Inspector of Police, Vellichandai Police Station on receiving the said intimation from the hospital went to the hospital at 10.45 p.m. on 04.09.2004, recorded the statement of P.W. 1, returned to the police station and at 11.45 p.m. registered a case in Crime No. 179/2004 under Section 302 of I.P.C. Ex. P9 is the F.I.R. and Ex. P1 is the complaint. He forwarded both the documents to the Court and handed over the case diary to the Inspector of Police for investigation.
(iv) P.W. 12 the then Inspector of Police took up the case for investigation, reached the place of occurrence on 05.09.2004 at 01.15 a.m. and prepared the observation mahazar and a rough sketch in the presence of P.W. 1. Then, he recovered bloodstained tarred stones and sample earth from the place of occurrence. On reaching the hospital, he conducted inquest on the body of the deceased and forwarded the dead body for post mortem. P.W. 3 Dr.Vasuhinathan conducted autopsy on the body of the deceased on 05.09.2004 at 10.00 a.m. and he found the following injuries:
"External Injuries:
(1) Cut injury 3cm x 2 cm x bone depth partially oblique in direction just above left eyebrow.
(2) Cut injury 10cm x 2cm x bone depth, partially oblique in the right side of forehead just above right eyebrow.
(3) Cut injury 3cm x 2cm x bone depth on right eyebrow.
(4) Cut injury 2cm x 2cm x bone depth on left side of forehead 2cm above left eyebrow. Jaws clenched, eyes closed, tongue inside, finger and toe nails are pale.
I
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