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2016 Supreme(Mad) 3523

MADRAS HIGH COURT
M. JAICHANDREN, S. NAGAMUTHU, JJ.
Rajan - Appellant
Versus
State Rep. by The Inspector of Police, Gomangalam Police Station Coimbatore District, Now Tiruppur District, [Crime No.31 of 2007] - Respondent
Criminal Appeal No.457 of 2013
Decided on : 07-04-2016

Advocates:
Advocate Appeared:
For the Appellant :Mr. N. Manokaran, Advocate.
For the Respondent: Mr. M. Maharaja, Additional Public Prosecutor.

Headnote:

Indian Penal Code, 1860 – Sections 299, 302 and 304(ii) – Criminal Produce Code, 1973 – Sections 174(iii) and 313 – Criminal Trial – Demand of Dowry – Murder – Culpable homicide not amounting to Murder – Appeal against conviction - Accused and deceased had fallen in love with each other, which culminated in marriage. After marriage, they were residing together and out of said wedlock, three children were born - After ceremony was over, accused and deceased returned to their house - Case of the prosecution, there arose a quarrel between accused and deceased - At end of quarrel, it is alleged that around 4.30 p.m., accused closed mouth and nose of deceased - Deceased fainted - Believing that deceased was no more, accused laid her on mat, poured kerosene on her and set fire - He bolted house from inside - Held, Belief as claimed by accused that deceased was dead is not out of good faith. So, he can be imputed with knowledge as required under third limb of Section 299 of IPC when he did the second act of pouring kerosene and setting fire to the deceased - At this juncture, it needs to be mentioned that clause (iv) of Section 300 of IPC and the third limb of section 299 of IPC have presented considerable difficulty to courts in their practical application to concrete cases - Range of probability in two clauses relates to causing of death but in one it is comparatively not so strong as in other - Although one may know that the act or illegal omission is so dangerous that it is likely to cause death still, it is not murder - Even if death was caused thereby, if doer had no knowledge that in all probabilities it would cause death vide State of Kerala v. Mani @ Chandran, 1992 Crl.L.J. 1682 - In instant case, court view that so much of knowledge as is required under fourth limb of section 300 of IPC cannot be imputed to accused and, therefore, he cannot be punished for offence under Section 302 of IPC and thus, he is liable to be punished only under Section 304(ii) of IPC – Conviction modified - Appeal is partly allowed.

JUDGMENT :

S. Nagamuthu, J.

The appellant is the sole accused in S.C.No.144 of 2008 on the file of the learned Additional District Judge, Fast Track Court No.III, Coimbatore. He stood charged for offence under Section 302 IPC. By judgment dated 30.09.2008, the trial Court convicted him under Section 302 IPC and sentenced to undergo imprisonment for life [No fine was imposed]. Challenging the said conviction and sentence, the accused/appellant is before this Court with this appeal.

2. The case of the prosecution, in brief, is as follows:

[a] The deceased in this case was one Mrs. Padma. The accused and the deceased had fallen in love with each other, which culminated in the marriage. After marriage, they were residing together and out of the said wedlock, three children were born. On 25.03.2007, there was an ear boring ceremony at the house of P.W.4, who is the brother of the accused. The accused, the deceased and many other villagers participated in the same. P.Ws.1 and 2 who are the parents of the deceased also participated in the said function. After the ceremony was over, the accused and the deceased returned to their house.

[b] On that day, the deceased had a sum of Rs.500/- in her possession. The accused, who had, by the time become a drunkard, demanded the deceased to give Rs.100/- for his drinking purpose. The deceased refused to give the same. Fearing that the accused might snatch away the money, the deceased went to her parents house and gave the amount to her parents. The accused came to the house of P.W.1 and took the deceased back with him. On reaching the house, according to the case of the prosecution, there arose a quarrel between the accused and the deceased. At the end of the quarrel, it is alleged that around 4.30 p.m., the accused closed the mouth and nose of the deceased. The deceased fainted. Believing that the deceased was no more, the accused laid her on the mat, poured kerosene on her and set fire. He bolted the house from inside.

[c] On noticing the smoke emanating from the house, the neighbours rushed to the house of the accused. P.W.8 and other neighbours also rushed to the house. They found the house bolted from inside. One of the persons in the crowd climbed on to the top of the roof, made a small opening and jumped down into the house. Then he opened the door from inside. That time, the accused was standing inside the house, by the side of the doors. He had sustained burn injuries on left hand and right leg. The deceased was lying dead. P.W.1-the father, P.W.2-the mother and P.W.3-the son also rushed to the place of occurrence on hearing about the above information. They found the deceased lying dead with burn injuries. P.W.4, the brother of the accused took the accused to the hospital.

[d] P.W.13 - Dr. Udayakumar examined the accused on 25.03.2007 at 6.00 p.m. at Udumalpet Government Hospital. The accused was conscious. He told the Doctor, that while he attempted to extinguish the fire when his wife was in flames, he sustained injuries. P.W.13 treated him as inpatient. On 01.04.2007, he was discharged from the hospital. Ex.P12 is the Accident Register.

[e] From the place of occurrence, P.W.1 - the father of the deceased went to Komangalam Police Station and made a complaint under Ex.P1. On receipt of the same, P.W.15 registered a case in Cr.No.31 of 2007 under Section 174(iii) Cr.P.C. Ex.P15 is the FIR. She then forwarded Exs.P1 [complaint] and P15 [FIR] to the Court, which were received by the learned Judicial Magistrate at 10.00 a.m. on 26.03.2007.

[f] The case was taken up for investigation by P.W.17. On 26.03.2007 at 9.30 a.m., he visited the place of occurrence and prepared an Observation Mahazar and a Rough Sketch in the presence of P.W.7 and another witness. Then, he recovered a plastic can with traces of kerosene from the place of occurrence under Ex.P3-mahazar, in the presence of the same witnesses. On examining a few more witnesses and recording their statements, since he came to know during inv





































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