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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
Karthi @ Karthikeyan – Appellant
Versus
State – Respondent
JUDGMENT :
G.JAYACHANDRAN, R.POORNIMA, J.
Karthi @ Karthikeyan, the Appellant herein aged about 25 years at the time of the fateful incident, tried for offences under sections 324, 307 and 302 IPC by the II Additional Sessions Judge, Tiruchirapalli, in S.C.No.65 of 2016. Finally, he was held guilty of offences under section 302 IPC and Section 324(2 counts). Sentenced to undergo life imprisonment for the offence under Section 302 IPC with fine of Rs 5000/-, and punished to pay a fine of Rs.2000/- (two counts) for the offence under Section 324 IPC.
2. Challenging the order of conviction and sentence passed in S.C.No. 65 of 2016 dated 22.10.2022, the above Criminal Appeal is filed.
3. Gist of the prosecution case:
On 20.11.2014 at about 11.30 hrs, the appellant was riding his two wheeler Hero Honda Splender bearing Registration No.TN-48-T-1596 along the street of the de-facto complainant Ms.Kriuthika. He hit a kid by name Karuppan, who was playing in the street. The said Karuppan is the sister’s son of the de-facto complainant. This was questioned by the mother of the kid, de-facto complainant(PW-1), her father(Manian – PW.2) and her brother Govindaraj(deceased). Wordy quarrel arose betwe
The court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, emphasizing the absence of premeditation.
The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
Sudden quarrel without premeditation, single stab in heat of passion without undue advantage or cruelty attracts Exception 4 to Section 300 IPC; offence reduced from Section 302 murder to Section 304....
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the incident as a sudden quarrel.
The act of the appellant was deemed culpable homicide not amounting to murder due to lack of premeditation and the nature of the quarrel, qualifying for Exception 4 of Section 300 IPC.
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the altercation as a sudden fight.
(1) Murder – Adequacy or otherwise of medical attention is not a relevant factor when doctor who conducted post-mortem clearly deposed that death was caused due to cardio respiratory failures, as a r....
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