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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
R.Rasu – Appellant
Versus
State Rep. by, Inspector of Police, Pullarambakkam Police Station – Respondent
| Table of Content |
|---|
| 1. circumstances of loganathan's death. (Para 1 , 2 , 3) |
| 2. applicability of section 304 and consent defenses. (Para 4 , 5) |
| 3. legal acknowledgment of voluntary participation. (Para 6 , 7) |
| 4. procedure for compensation to the victim's family. (Para 8) |
| 5. court directive on compensation to complainant. (Para 9 , 10) |
ORDER :
G. JAYACHANDRAN, J.
On 13.12.2020, Mr.Loganathan, III year, Law College student while playing cricket along with his friend in a ground near Othikkadu Lake sustained injury and was hit by a cork ball on his chest and succumb to injury. The petitioners are the organizer of said the cricket match and therefore, case been registered against them for the offence under Section 304 of I.P.C.
2. The petitioners are before this Court stating that in the match between Punnapakkam Cricket Club and Puthuvallur Cricket Club, Loganathan was hit by a cork ball and died.
3. Rasu who is the 3rd accused/petitioner in Crl.O.P.No.2480/2024 claims that he was not even present in the ground at the time of occurrence and he was writing his Grade-II Constable Selection test at Sri Ram Educational Institutions, Perumalpattu. Whereas, P.Iyappan who is the 4th accused/petitioner
Participation in a voluntary sports activity precludes criminal liability for accidental injuries due to the principle of 'Volenti non fit injuria'.
The court clarified the distinction between culpable homicide and grievous hurt, underscoring the need for evidence of knowledge regarding the likelihood of death from one's actions.
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
Culpable homicide not amounting to murder – In a group fight, kind and nature of individual act in commission of offence would matter and guilt or otherwise of accused would have to be accordingly as....
cCnduct of the appellant, from the evidence led by the prosecution itself, indicates that neither was there any premeditation nor an intention to kill the deceased.
Unintentional homicide committed in a sudden quarrel without any premeditation is not murder.
Fatal blow inflicted on head of victim with great force will constitute offence of murder.
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