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J. NISHA BANU, N. ANAND VENKATESH
Pasungili – Appellant
Versus
State, Rep. by The Inspector of Police, T. Kallupatti Circle Police Station – Respondent
JUDGMENT :
J. Nisha Banu & N. Anand Venkatesh, JJ.
1. The appellant, who was convicted for offences under Sections 302 and 294(b) IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.2,500/- (Rupees two thousand five hundred only), in default, to undergo rigorous imprisonment for one month for offence under Section 302 IPC and to undergo simple imprisonment for three months for offence under Section 294((b) IPC, preferred the present criminal appeal against the judgment and order dated 28.04.2017 made in S.C.No.221 of 2015 on the file of the V Additional District and Sessions Judge, Madurai,
2. The case of the prosecution is that the appellant and the deceased Saravanaselvi are husband and wife and they have three daughters. The further case of the prosecution is that the appellant was a drunkard and there used to be regular wordy quarrel between the appellant and the deceased and the appellant is said to have tortured the deceased by physically abusing her. The appellant also did not go for any work and this was questioned by the deceased several times.
2.1. On 20.06.2014 at about 4.00 p.m., when the deceased was in her house, the accused came to the house and st
(1) Attempt to commit murder – Most important ingredient to constitute offence of attempt to commit murder punishable under Section 307 of IPC is intention or knowledge.(2) Attempt to commit murder –....
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
It is quite clear that if dying declaration dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition, he or she could not have made a dying decl....
The academic distinction between ‘murder’ and ‘culpable homicide not amounting to murder’ has always vexed the Courts. Confusion is caused, if Courts losing sight of the true scope and meaning of the....
The reliability of dying declarations and the application of the fourth exception to Section 300 of IPC in cases of sudden quarrel and heat of passion.
The court clarified that actions under intoxication leading to death may constitute culpable homicide not amounting to murder, not murder itself.
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