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2023 Supreme(Mad) 781

N. ANAND VENKATESH
Thangaraj – Appellant
Versus
State Rep. by Inspector of Police Sirumugai Police Station Coimbatore District – Respondent


Advocates appeared:
For the Appellant:S. Shankar, Advocate. For the Respondent:L. Baskaran Government Advocate (Crl Side).

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appellant was initially convicted under Section 304(i) of the Indian Penal Code (IPC) for causing the death of the deceased by kicking him, which resulted in injuries leading to death (!) (!) .

  2. The evidence, particularly from the appellant's son (PW.3), was found credible and demonstrated that the appellant's act was not of culpable homicide but rather fell under Section 323 IPC, which pertains to voluntary causing hurt (!) (!) .

  3. The court examined whether the act constituted culpable homicide, murder, or an offence under other sections such as 304-A IPC or causing grievous hurt, but concluded that the appellant’s act did not meet the criteria for culpable homicide or murder due to the absence of intent or knowledge to cause death (!) (!) .

  4. The injuries caused by the appellant, and the subsequent death after seven days, were determined to be the result of bodily pain inflicted voluntarily, which falls under Section 323 IPC. The deceased's advanced age (approximately 85-88 years) was also considered relevant (!) (!) .

  5. The court, therefore, modified the conviction and sentenced the appellant under Section 322 punishable under Section 323 IPC. The imprisonment period already undergone was to be considered sufficient, and the appellant was directed to pay a fine of Rs.1,000/-, which had already been deposited (!) .

  6. The appeal was partly allowed, resulting in the modification of the conviction and sentence, emphasizing that the appellant's act was voluntary hurt rather than culpable homicide or murder (!) .

These points encapsulate the court's reasoning, the evidence considered, and the final legal determination.


JUDGMENT

(Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, to set aside the judgment and order of conviction passed in S.C.No.128 of 2015 by order dated 22.03.2016 on the file of the learned III Additional District & Sessions Judge, Coimbatore.)

This Criminal Appeal has been filed against the judgment and order passed by the III Additional District and Sessions Judge, Coimbatore in S.C.No.128 of 2015, dated 22.03.2016, convicting the appellant for offence u/s. 304(i) IPC and sentencing him to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000/- and in default to undergo three months rigorous imprisonment.

2. The case of the prosecution is that the appellant and his wife Poongodi (PW.2) were staying along with their children and were working in a farmland owned by one Rasappan. The deceased Karuppusamy @ Periyakaruppan is the father-in-law of the appellant and he also used to stay along with the appellant and his family. There was some misunderstanding between them and hence, the appellant left the farmland and he started living with his parents.

3. The further case of the prosecution is that on 31.12.2014 at about 8.30 pm, when PW

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