Sentence of imprisonment
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P. N. PRAKASH, R. HEMALATHA
Vijayakumar – Appellant
Versus
State Represented by The Inspector of Police, Kannyakumari – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973, against the judgment and order dated 03.06.2019 in S.C.No.177 of 2014 passed by the learned Additional District and Sessions Judge, (Fast Track), Kanyakumari at Nagercoil.)
R. Hemalatha, J.
1. This criminal appeal has been filed against the judgment and order dated 03.06.2019 in S.C.No.177/2014 passed by the learned Additional District and Sessions Judge (Fast Track), Kanyakumari at Nagercoii, in and by which, the Appellant was convicted for the offence punishable under Sections 448, 435 and 302 IPC and sentenced as under:
| Section of Law | Sentence of imprisonment | Fine amount |
| 448 IPC | Rigourous Imprisonment for one year. | Rs.1000/- in default, to undergo simple imprisonment for one month. |
| 435 IPC | Rigorous Imprisonment for seven years. | Rs.5000/- in default, to undergo simple imprisonment for six months |
| 302 IPC | Life Imprisonment | Rs.10,000/- in default, to undergo simple imprisonment for one year. |
The sentences were ordered to run concurren
The main legal point established in the judgment is the consideration of the delay in lodging the complaint, presence of alcohol in the victim's system, and the appellant's intention to determine the....
The judgment establishes the importance of dying declarations and the application of appropriate sections of the IPC based on the circumstances and intention of the accused.
Murder – Conviction and sentence cannot be sustained where eye witnesses to occurrence turned hostile and circumstantial witness also did not support prosecution case.
The essential ingredient of motive/intention under Section 302 IPC must be established to convict a person for the offence of murder.
The main legal point established in the judgment is the importance of establishing the nature of death (homicidal or accidental) and the relevance of witness testimonies in criminal cases.
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