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P. N. PRAKASH, N. ANAND VENKATESH
Anbarasi – Appellant
Versus
State rep. by The Inspector of Police Mettupalayam Police Station – Respondent
JUDGMENT :
N. ANAND VENKATESH, J.
This appeal has been filed against the judgment and order of the III Additional District and Sessions Judge, Coimbatore in S.C.No.8 of 2017, dated 23.02.2018, convicting the appellant for an offence under Section 302 IPC., and sentencing her to undergo Life Imprisonment and to pay fine of Rs.1000/- and in default to undergo 3 months Simple Imprisonment.
2. The case of the prosecution is that the appellant started living with the deceased Vimal Kumar along with their 4 year old son. The mother of the appellant [CW.1] was also living along with them. The deceased Vimal Kumar used to subject the appellant to cruelty under influence of alcohol and there were frequent quarrels between the deceased and the appellant. On 08.08.2016 at about 5.00 a.m., the appellant and the deceased Vimal Kumar quarreled with each other and the appellant is said to have taken a grinding stone [MO.1] and threw it on the head of the deceased Vimal Kumar, resulting in his instantaneous death.
3. The incident is said to have been witnessed by PW.1, who is the mother of the deceased and she immediately called her elder son PW.2 from her mobile phone. PW.1, PW.2 and David [PW.3] cam
Culpable homicide not amounting to murder – Act of provocation and loss of self-control, must be actual and reasonable.
The court ruled that the appellant's actions were provoked by the victim's threats, justifying a conviction under Section 304 IPC instead of Section 302 IPC.
The main legal point established in the judgment is the application of Exception 1 of Section 300 of the IPC, regarding grave and sudden provocation, in determining the appellant's guilt for murder.
The appellant was entitled to the benefit of Exception 1 to Section 300 of IPC, converting his conviction under Section 302 of IPC to that of Part-I of Section 304 of IPC, considering the sustained p....
The court ruled that actions taken under grave and sudden provocation can lead to a conviction for culpable homicide not amounting to murder, distinguishing it from murder under Section 302 IPC.
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