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2022 Supreme(Mad) 2718
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, R. HEMALATHA, JJ.
M. Gopi - Appellant
Versus
The State Rep.by The Inspector of Police Tirunelveli - Respondent
Crl.A. (MD) No. 382 of 2019
Decided On : 26-08-2022
Advocates appeared:
For the Appellant:S. Palanivelayutham, Advocate. For the Respondent: S. Ravi, Additional Public Prosecutor.
For the Appellant:S. Palanivelayutham, Advocate. For the Respondent: S. Ravi, Additional Public Prosecutor.
The central legal point established in the judgment is the modification of the conviction from Section 302 I.P.C. to Section 304(II) I.P.C. based on the evidence and circumstances of the case.
Headnote:
I.P.C. - Criminal Appeal - 147, 294(b) r/w 149, 341 r/w 149, 302 r/w 149, 506(II) - The court discussed the charges framed against the accused under various sections of the Indian Penal Code and modified the conviction from Section 302 I.P.C. to Section 304(II) I.P.C. based on the evidence presented.
Fact of the Case:
The deceased was assaulted at a wedding reception, leading to his death. The accused were charged under various sections of the Indian Penal Code. The trial court convicted the accused under Section 302 I.P.C., which was later modified to Section 304(II) I.P.C. by the appellate court.
Finding of the Court:
The court found that the evidence supported the assault by the appellant, resulting in the victim's death. However, the conviction was modified based on the nature of the injuries and the circumstances of the incident.
Issues: The main issue was the nature of the assault and the resulting death, leading to the conviction under Section 302 I.P.C. and its subsequent modification to Section 304(II) I.P.C.
Ratio Decidendi: The court considered the evidence of the assault and the medical reports to determine the appropriate conviction under the Indian Penal Code.
Final Decision: The criminal appeal was partly allowed, and the conviction and sentence under Section 302 I.P.C. were set aside. The appellant was convicted under Section 304(II) I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay a compensation of Rs.1,00,000 to the victim's mother.
JUDGMENT
(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment dated 26.07.2019, in S.C.No.460 of 2015, on the file of the I Additional District and Sessions Court, Tirunelveli.)
P.N. Prakash, J.
1. This criminal appeal is filed against the judgment and order dated 26.07.2019, in S.C.No.460 of 2015, on the file of the I Additional District and Sessions Court, Tirunelveli,
2. The Trial Court framed as many as five charges against the accused 1 to 3, as detailed below:
| Penal Provisions | |
| 1. | 147 I.P.C. |
| 2. | 294(b) r/w 149 I.P.C. |
| 3. | 341 r/w 149 I.P.C. |
| 4. | 302 r/w 149 I.P.C. |
| 5. | 506(II) I.P.C. |
3. By judgment and order dated 26.07.2019, the Trial Court acquitted the accused 2 and 3 of all the five charges framed against them, acquitted accused No.1 of the charges framed framed against him under Sections 147, 294(b) r/w 149, 341 r/w 149 and 506(II) I.P.C., and convicted and sentenced him as detailed below:-
| Section of Law | Sentence of imprisonment | Fine amount |
| 302 I.P.C. | To undergo imprisonment for life. | Rs.2,000/- in default to undergo rigorous imprisonment for three (3) months. |
4. The prosecution case is as under:
4.1. The deceased Jegan, along with his family members, including his mother Kala (P.W.1), went for the wedding reception of her husband's nephew Michael J. Radsan (P.W.4), in the evening of 04.06.2014, which was conducted in his (P.W.4's) house.
4.2. Gobi (A1), Madhan (A2), Parthiban (A3) and two juveniles, namely, Lakshmanan and Suriya had also come for the wedding reception. During dinner, they [Gobi (A1), Madhan (A2), Parthiban (A3) and the juveniles, namely, Lakshmanan and Suriya] misbehaved with the servers and that was questioned by Jegan. The accused felt it as an affront and around 11.30 in the night, while Jegan was having dinner in the wedding reception house, all the accused abused and assaulted Jegan.
4.3. It is the specific case of the prosecution that Gobi (A1) took a stick from nearby and attacked Jegan. This created a ruckus in the wedding reception house and the accused were separated from Jegan by the guests. Due to the attack, Jegan fainted and therefore, he (Jegan) was rushed to Dr.Jeyasekharan Hospital & Nursing Home, Nagercoil, for treatment, at 01.09 a.m., on 05.06.2014. The doctor from the said hospital sent intimation (Ex.P6) to the police, wherein, it is stated that “a log of wood fell on his head”.
4.4. On getting information, the police went to the said hospital, where Kala (P.W.1), mother of Jegan, who was present at the place of occurrence, gave a written complaint (Ex.P1), based on which, Vijayakumari (P.W.8), Sub Inspector of Police, registered a case in Panagudi Police Station Crime No.189 of 2014, under Sections 294(b), 307 and 506(II) I.P.C., on 05.06.2014 at 15.00 hours and prepared the printed first information report (Ex.P7), which reached the jurisdictional Magistrate, at 12.30 p.m., on 06.06.2014, as could be seen from the endorsement thereon.
4.5. Jegan succumbed to the injuries on 09.06.2014 at 11.30 a.m., pursuant to which, the case was altered to one under Section 302 I.P.C.
4.6. Investigation of the case was taken over by Muthu Premchand (P.W.10), Inspector of Police, who went to the hospital and conducted inquest over the body of Jegan and the inquest report was marked as Ex.P12. He shifted the body of Jegan from Dr.Jeyasekharan Hospital & Nursing Home, Nagercoil, to the Government Hospital, Aasaripallam, where, Dr.Rajesh (P.W.5) performed autopsy on the body Jegan and issued postmortem certificate (Ex.P4), wherein, he has noted the following injuries:
“The following ante-mortem injuries noted:-
1) 3x2cm abrasion seen over the back of head. The above said abrasion is partly covered with black scab.
2) 27cm long inverted 'U' shaped sutured surgical wound seen over the left temporo parieto, frontal regions.
The sutured wound shows adhesive margins
