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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A. SELVAM, P. KALAIYARASAN, JJ.
Annamalai - Appellant
Vs.
State rep. by The Inspector of Police Harur Police Station – Respondent
Criminal Appeal No. 158 of 2017 and Criminal M.P. No. 4146 of 2017
Decided On : 22-08-2017
Conviction - Criminal Appeal - Indian Penal Code - Section 302, Section 304[ii]
Fact of the Case:
The case involves a tussle between the accused and the deceased over a financial transaction, resulting in the accused attacking the deceased with a cudgel, leading to fatal injuries and subsequent death.
Finding of the Court:
The court found the accused guilty under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life and imposed a fine. However, the court later modified the conviction to Section 304[ii] and reduced the sentence to 5 years rigorous imprisonment.
Issues: The issues revolved around the credibility of the prosecution's evidence, the nature of the accused's act, and the appropriate section of the Indian Penal Code under which the accused should be convicted.
Ratio Decidendi: The court relied on the testimony of the deceased's wife as the sole witness, emphasizing the trustworthiness of her evidence. It also considered the circumstances of the attack and concluded that the accused's act did not warrant conviction under Section 302 but under Section 304[ii] of the Indian Penal Code.
Final Decision: The Criminal Appeal was allowed in part, modifying the conviction and sentence to Section 304[ii] of the Indian Penal Code and sentencing the accused to 5 years rigorous imprisonment.
A. SELVAM, J.
The conviction and sentence dated 18.01.2017 passed in S.C. No. 230 of 2014 by the Principal District and Sessions Court, Dharmapuri are being challenged in the present Criminal Appeal.
2. The nubble of the case of the prosecution is that the de facto complainant by name, Prabavathy is the wife of the deceased, viz. Ramachandran and one Prabhu is the brother of the de facto complainant. The accused has advanced a sum of Rs.500/- to the said Prabhu for the purpose of ploughing his land and due to that, a tussle has been in existence between them. On 14.08.2013, at about 6.00 p.m., the deceased has gone to the house of the accused and attacked him. The accused has in turn attacked the deceased by using a cudgel and due to that, he sustained fatal injuries and subsequently, he has been admitted in various hospitals and passed away. The de facto complainant has given a complaint and the same has been marked as Ex.P1.
3. On receipt of Ex.P1, the Sub Inspector of Police [P.W.9] has registered the same in Crime No. 548/2013. After knowing the demise of the deceased, the Inspector of Police, viz. P.W.12 has taken up investigation and examined the connected witnesses. He made arrangements for conducting autopsy on the body of the deceased. Accordingly, the Doctor by name, Gokula Ramanan [P.W.8] has conducted autopsy. He found the following external and internal injuries on the person of the deceased.
External Examination :
Injuries :
1. Reddish brown abrasion over top of left shoulder M-1x0.5cms.
2. Below left clavicle M-1x0.3cms. No other external injuries seen anywhere on the body.
Internal Examination :
O/D Head : Scalp contusion over left side lower aspect of occipital region M-6x5x0.5cms. Cranial vault-intact. Dura membrane-intact. Brain-sub arachnoid haemorrhage seen on the cerebellum and back of occipital lobes. Base of skull-intact.
O/D Neck : Fracture of C2 and C3 cervical vertebral junction with surrounding soft tissue contused. Other neck structures normal. Hyoid bone-intact.
O/D Thorax : No ribs fracture. Heart-normal in size. Chambers contained fluid blood. Valves and coronaries-normal. Both lungs oedematous and C/S congested.
O/D Abdomen : Stomach contains 150 gms of partly digested cooked food particles with no specific odour. Mucosa C/S congested. Liver, spleen, both kidneys, C/S congested. Bladder-empty. Pelvis-intact.”
The postmortem certificate has been marked as Ex.P8. After completing investigation, the Investigating Officer, viz. P.W.12 has filed a final report on the file of the Judicial Magistrate Court, Harur and the same has been taken on file in PRC.No.8/2014.
4. The Judicial Magistrate, Harur, after considering the fact that the offences alleged to have been committed by the accused is triable by the Sessions Court, has committed the case to the Court of Sessions, Dharmapuri division and the same has been taken on file in Sessions Case No. 230/2014.
5. The trial Court, after hearing arguments of both sides and upon perusing the relevant records, has framed a charge under Section 302 of the Indian Penal Code against the accused and the same has been read over and explained to him. The accused has denied the charge and claimed to be tried.
6. On the side of the prosecution, P.Ws 1 to 12 have been examined and Exs.P1 to P13 and M.O.1 have been marked.
7. When the accused has been questioned under Section 313 of the Code of Criminal Procedure, 1973 as respects the incriminating materials available in evidence against him, he denied his complicity in the crime. On the side of the accused, Ex.D1 has been marked.
8. The trial Court, after hearing arguments of both sides and upon perusing the material evidence available on record, has found the accused guilty under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and imposed a fine of Rs.1000/- with usual default clause. Against the conviction and sentence passed by the trial Court, the present criminal appeal has been pr
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