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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.ILANGOVAN
M. Chinnasamy – Appellant
Versus
State, rep. by Inspector of Police, Pasupathipalayam Police Station – Respondent
JUDGMENT :
(G. ILANGOVAN, J.)
This Criminal Appeal is filed against the judgment, dated 26/07/2019 passed in SC No.30 of 2018 on the file of the Principal Sessions Court, Karur.
2. The case of the prosecution in brief :-
On 07/06/2007 at about 03.45 am, when the de-facto complainant Ravichadran and his wife were going on separate two wheelers to supply milk pockets, the accused said to have restrained the deceased Ravichandran abused him in filthy language as to why he gave the complaint against him, fisted him repeatedly on the face and nose and pushed him down. Due which, the de-facto complainant fell down, taken to Appolo Hospital, but was declared dead. As such on the complaint of the deceased's wife/Kamalavathi, a case in Crime No.432 of 2017 was registered by the respondent police for the offences under sections 341, 294(b), 506(i) and 302 IPC. After completion of the investigation, final report was filed. It was taken on file in SC No.30 of 2018 by the Principal Sessions Judge, Karur. After completing 207 Cr.P.C proceedings, it framed the following charges:-
(i) On 07/06/2017 when the de-facto complainant and her husband Ravichandran went to distribute mill pockets in separate tw
The court modified the conviction from murder to voluntary grievous hurt under section 325 IPC, ruling that the accused lacked the intent to kill despite causing death due to the victim's injuries du....
The prosecution must prove culpable homicide beyond reasonable doubt, distinguishing between intent to kill and knowledge of likely fatal outcomes.
Modifying conviction from murder to manslaughter due to lack of intent and premeditation, establishing a precedent for considering trivial disputes in assessing culpability.
Prosecution must substantiate charges beyond reasonable doubt; intentional murder requires proof of intent, while culpable homicide may be established through knowledge of likely fatality.
Homicide committed without any premeditation will not come within ambit of Section 302 of IPC.
The central legal point established in the judgment is the application of Section 355 of IPC in cases where the accused's act results in injury but without the intention to cause death.
The court ruled that specific acts of A1 and A2 resulted in grievous injury and death; acquittal of others was justified due to insufficient evidence, emphasizing the importance of eyewitness reliabi....
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