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G. JAYACHANDRAN, C. KUMARAPPAN
Gandhimathi – Appellant
Versus
State Rep. by The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli – Respondent
JUDGMENT :
Dr. G. Jayachandran, C. Kumarappan, JJ.
Appeal is by sole accused convicted for offence under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/- in default to undergo 3 years rigorous imprisonment. The charge as framed by the trial Court based on the materials collected during the course of investigation is that the accused Gandhimathi earlier married one Venkatesan and blessed with one daughter. In the year 2007, the said Venkatesan died and thereafter she married one Radhakrishnan and through him, she has one son and one daughter. The said Radhakrishnan is Painter by profession. He used to drink Alcohol and became an addict. He had been regularly abusing his wife Gandhimathi [accused] and causing cruelty. While so, on 08.05.2019 at their residence about 10.00 p.m., the said Radhakrishnan came home in a drunken mood and caused sexual torture. When Gandhimathi refused to have cohabitation, Radhakrishnan had abused her in filthy language unmindful of the fact that the children are present. Therefore, Gandhimathi has attacked Radhakrishnan severely by hitting his head on the floor repeatedly and thereafter strangulated his neck using a n
Sustained provocation can lead to a loss of self-control, allowing for a reduction of a murder charge to culpable homicide not amounting to murder under Exception 1 to Section 300 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 court established that a homicide can be classified as culpable homicide not amounting to murder if committed under grave and sudden provocation, emphasizing the importance of context and the acc....
The main legal point established in the judgment is the application of Exception 1 to Section 300 of the IPC, specifically the concept of sustained provocation, and its impact on the appellant's conv....
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.
Sustained provocation and heat of passion can reduce murder to culpable homicide, allowing for a lesser sentence under Section 304(II) IPC.
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