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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
Muniyasamy – Appellant
Versus
State Rep. by the Inspector of Police, Surakudi Police Station – Respondent
JUDGMENT :
1. This Criminal Appeal is filed against the conviction and sentence passed against the appellant/sole accused in the judgment dated 24.11.2020 passed by the I Additional District and Sessions Court, Thoothukudi, by convicting and sentencing the appellant for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a sum of Rs.2,000/- in default, to undergo three months simple imprisonment.
2. The appellant herein is the sole accused in S.C.No.330 of 2016. Based on the complaint given by one Muthuraj, examined as P.W. 1, the respondent police registered FIR in Crime No.142 of 2014 on 09.09.2014 at about 20.00 hours and took up the investigation. The complaint revealed that on 08.09.2014 at about 2.30 p.m, when the informant along with his brother Marisamy and wife of the deceased and few others were removing garbage in a tractor owned by Boopathy, the accused came and picked up quarrel with his brother Marisamy for engaging Boopathy with whom he has enmity. In the force of the quarrel, the accused took a wooden log from nearby and gave a single blow on Marisamy on his head. Marisamy was taken to the Vilathikulam Hospital and th
The court modified the conviction from murder under Section 302 IPC to causing grievous hurt under Section 326 IPC, finding no intent to kill.
The court determined the absence of intent in the accused's actions, modifying the conviction from murder (Section 302 IPC) to causing grievous hurt (Section 326 IPC).
Intent or knowledge to cause death required for murder under Section 302 IPC not established; case qualified under Section 326 IPC.
Conviction altered from Section 302 IPC to Section 304(2) IPC due to lack of evidence for premeditation or intent, resulting in reduced sentence.
Conviction for murder under Section 302 can be amended to culpable homicide under Section 304 based on circumstances, including lack of premeditation and severity of the injury.
The presence of eyewitness testimony and corroborating medical evidence can uphold a conviction for murder under Section 302 IPC despite challenges regarding procedural discrepancies.
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
The court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304(ii) IPC, emphasizing the absence of premeditation and the presence o....
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