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2022 Supreme(Mad) 423
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Subramanian, N.Sathish Kumar, JJ.
Murugan - Appellant
Versus
State through, The Inspector of Police, Alwarkurichi Police Station, Tirunelveli District – Respondent
Crl.A.(MD)No.104 of 2019
Decided On : 28-02-2022
Advocate Appeared:
For the Appellant : Mr.R.Alagumani
For the Respondent: Mr.A.Thiruvadikumar, Additional Public Prosecutor.
Headnote:
Indian Penal Code, 1860 - Sections 294(b) and 302 – Offence of Murder - Accused was not aware of either the imminent danger to her life or that the bodily injury is likely to cause death of his mother. Only when the accused was aware of the imminent danger to her life or bodily injury which is likely to cause death, the act would be brought under fourth limb of Section 300 IPC. Therefore, mere quarrel demanding money and beating of the aged person with the high decree of the knowledge which is pre-requisite to bring the act within the ambit of fourth limb of Section 300 IPC cannot be inferred. Para 9.
Finding of the Court:
Act of accused certainly falls within the third limb of Section 299 IPC - Immediately after such incident all other witnesses came and they saw accused however they did not take it seriously they just scolded accused and casually left from place of occurrence - Above evidence clearly shows that accused was not aware of either imminent danger to her life or that bodily injury is likely to cause death of his mother - Only when accused was aware of the imminent danger to her life or bodily injury which is likely to cause death act would be brought fourth limb of Section 300 IPC - Therefore mere quarrel demanding money and beating of aged person with high decree of knowledge which is pre-requisite to bring the act within the ambit of fourth limb of Section 300 IPC cannot be inferred.
Result: Criminal Appeal is partly allowed.
JUDGMENT
R.Subramanian, N.Sathish Kumar, JJ.
Aggrieved over the life sentence imposed by the Principal District and Sessions Court, Tirunelveli, under Section 302 of the Indian Penal Code, by Judgment dated 20.11.2018 in S.C.No.174 of 2018, the present appeal came to be filed by the appellant.
2. The brief facts of the prosecution is as follows:
(i) The accused is the son of the deceased Eswari. P.W.1 is the son of first husband of the deceased. After death of the first husband, the deceased married the father of the accused and had two daughters and one son viz., the accused. The accused separated from his wife and living in the house of the deceased along with his children. The accused demanded money from his mother and beat-up the deceased with stick. After knowing the same, P.W.1 came there and advised the accused not to attack his mother. P.W.2 is the sister of the deceased. She also witnessed the accused beating the mother with stick. The accused has collected money from P.W.3 and also demanded money from the deceased. P.W6 and P.W.7 are the sons of the deceased. They are staying with the deceased along with the accused. At the relevant point of time, P.W.6 and P.W.7 both were aged about 14 and 13 years respectively. The accused, on the date of occurrence at about 8.00 p.m. demanded Rs.20,000/- money from his mother, quarreled with her and beat her with stick on her thigh, cheek, hands and hip. After knowing about the same, P.W.1, P.W.2 and other villagers came there. On seeing them, the accused went away from the place of the occurrence. They gave some water to the deceased and thereafter, they left from the place. Next day, the deceased was found dead in the bed. Immediately, P.W.1 lodged a complaint-Ex.P1 before the respondent police. After receiving Ex.P1, P.W. 16 registered a case in Crime No.236 of 2017 under Section 174 of Cr.P.C. under Ex.P.4-FIR.
(ii) P.W.18- Investigating Officer took up the case for investigation, went to the place of occurrence and prepared Observation Mahazar-Ex.P2. He drew a rough sketch under Ex.P14 and conducted the inquest over the dead body and prepared inquest report Ex.P5 and forwarded the dead body to autopsy with requisition and P.W.17-Doctor conducted the autopsy and found the following injuries:
“1.Reddish blue colour patterned contusions. (Tram line type) seen over following areas:
10 X 2 cm over outer aspect of left thigh, 8 x 2 cm over front and outer aspect of left hip, 8 x 2 cm over outer aspect of left hip and 6 x 2 cm over back of middle of left side chest.
2) Reddish blue contusions seen over following areas:
2 x 2 cm over left seek, 8 x 5 cm over front of middle of upper part of chest and 3 x 2 cm over front of right side chest.
On dissection of Chest & Abdomen: 2 to 5 ribs over right side found fractured in their front with surrounding bruise. 2 to 4 ribs over left side found fractured in their front with surrounding bruise. Thoracic vertebra No.7 found fractured with laceration of underlying spinal cord noted.
On dissection of Scalp, Skull & Dura: contusion of scalp of size 4 x 3 cm seen over back of head (Occipital region) and 3 x 2 cm over left parietal region. Diffuse subdural and subarachnoid hemorrhages seen over entire aspects of both lobes of cerebrum and cerebellum more over both frontal lobes.”
He issued Ex.P12-Postmortem certificate opining that the deceased would appear to have died of multiple injuries and its complications. In the meanwhile, on 16.11.2017 at about 3.00 p.m., the accused appeared before P.W.11-V.A.O and confessed to the crime. P.W.11-VAO recorded the confession statement of the accused under Ex.P3 and handed over the accused to the police. Thereafter, P.W.18, altered the crime under Sections 294(b) and 302 IPC under Ex.P6- alteration report, arrested the accused and recorded his confession. Based on the confession, seized the stick under M.O.1 and after collecting all the material objects sent the same to the Forensic Science Department for examination
