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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHARATHIDASAN, J. NISHA BANU, JJ.
Balamurugan – Appellant
Versus
State through the Inspector of Police, Nachiyarkovil Police Station – Respondent
Crl. Appeal (MD) No. 373 of 2018
Decided On : 06-10-2021
Indian Penal Code,1860 - Section 302 – Criminal Procedure Code,1973 - Section 313 – Offence of Murder - Neurogenic Shock - Postmortem Autopsy - Civil dispute - in a wordy quarrel, both the accused said to have pushed down both the PWs. 1 and 2 and the deceased, while falling down, the deceased might have sustained some injuries in the spinal cord, which leads to the Neurogenic shock, ultimately killed the deceased. Hence, the act of the accused will not fall either under Section 299 of I.P.C. or under Section 300 of I.P.C. but they are punishable only under Section 323 of I.P.C. In such circumstances, we are of the considered view that the appellants are liable to be punished for the offence under Section 323 of I.P.C. Para 22.
Finding of the Court:
From that it could be seen that deceased is a habitual alcoholic and at time of occurrence he was fully drunk and in a intoxicated mood - Apart from that PW-14 Doctor has opined that cause of death is a neurogenic shock - From Medical Jurisprudence neurogenic shock is normally occurs due to some spinal cord injury but there is no evidence to show that accused attacked deceased from his back - From those medical evidence it could be seen that deceased not died of any head injury as alleged by prosecution - PW-4 who is related to deceased in her evidence she has clearly stated that while coming out of house accused fell down though she was treated as hostile to that extent Court can consider her testimony - While accused questioned Section 313 of Cr.P.C. both of them have stated that while they were coming out of house deceased was in a drunken mood and fell down and died.
Result: Criminal Appeal is partly allowed.
JUDGMENT :
V. BHARATHIDASAN, J.
1. The appellants are the accused Nos. 1 and 2 in S.C. No. 158 of 2014, on the file of the Additional District Sessions Court (Fast Track Court), Kumbakonam, Thanjavur District and they stood charged and tried for the offence under Section 302 of I.P.C.
2. The trial Court, vide impugned judgment dated 17.07.2018, has convicted the appellants herein for the above said offence and imposed the sentences, thus:
| Accused | Conviction | Sentence |
| First Accused | U/s. 302 of I.P.C. | To undergo life imprisonment and to pay a fine of Rs. 5,000/- in default to undergo six months rigorous imprisonment. |
| Second Accused | U/s. 302 of I.P.C. | To undergo life imprisonment and to pay a fine of Rs. 5,000/- in default to undergo six months rigorous imprisonment. |
3. The case of the prosecution in brief as follows:
4. PW-22, Inspector of Police, in the respondent police station, on receipt of the complaint, registered a F.I.R. in Crime No. 157 of 2013, for the offence under Section 302 of I.P.C. and sent the F.I.R. (Ex.P10) to the concerned Judicial Magistrate Court and copies to the higher officials. Immediately, PW-22 commenced the investigation and proceeded to the scene of occurrence and prepared Observation Mahazar (Ex.P.11) and Rough Sketch (Ex.P.12). At about 8.00 a.m. PW-22, conducted inquest on the dead body of the deceased in the Government Hospital, Kumbakonam, in the presence of witnesses and prepared the Inquest Report/Ex.P13 and he sent the body for postmortem autopsy through PW-21. On 03.06.2013, at about 1.00 p.m., he arrested both the accused. On such arrest, they voluntarily come forward to give confession statements and based on the admissible portion of the confessions, PW-22 recovered two wooden logs, M.Os.1 and 2, then he sent the accused remanding to judicial custody.
5. In the mean time, PW-14, Doctor, working in the Government Hospital, Kumbakonam, conducted postmortem autopsy on the dead body of the deceased and given a Postmortem Certificate - Ex.P4 and found the following injuries:
External Injuries: Abrasion ® foot 4 x 4 cms. Neck - hyoid bone - intact. Ribs - Intect. Lungs - ® 450 gms. (L) 450 gms cut Section congested. Heart - wt 250 gms. Stomach 200 ML & Food particles present. Intestine - Empty. Liver - Wt 1500 gms C/s. Congested. Spleen - Wt 100 gms C/w. Congested. Kidney - Wt 100 gms Each C/s Congested. Scalp, Skull, membranes - Intact. Brain Wt 1500 gms. C/S/ congested. PM conluded on 03.06.2013 at 1.45 p.m. Death would appear to have occurred 14-18 hrs. prior to P.M.”
PW-14 was of the opinion that the deceased appears to have died of neurogenic shock.
6. PW-22, Inspector of Police in the respondent police station, continued the investigation and recorded the statements of other witnesses and on completion of investigation, he has filed a final report.
7. Based on the a
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