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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.V.KARTHIKEYAN, J. SATHYA NARAYANA PRASAD
Palanimurugan @ Palani – Appellant
Versus
State represented by: The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 10 , 11) |
| 2. details of the incident leading to prosecution. (Para 2 , 3 , 6 , 14) |
| 3. medical evidence of injuries to deceased. (Para 12 , 19) |
| 4. fatal stabbing led to charges under multiple ipc sections. (Para 13) |
| 5. arguments contesting the prosecution's evidence. (Para 22 , 23 , 24 , 28 , 30 , 35 , 40 , 41) |
| 6. defense challenges the prosecution evidence for credibility. (Para 31 , 37) |
| 7. court emphasizes reliability and weight of eyewitness testimonies. (Para 49 , 53) |
| 8. court observations on credibility of witnesses. (Para 52 , 70) |
| 9. ratio decidendi on homicide classification. (Para 71 , 75) |
| 10. conviction modified based on lack of premeditation under section 304 ipc. (Para 74) |
| 11. final ruling and sentence modifications outlined for the appellant. (Para 76) |
| 12. final verdict and sentence on appeal. (Para 77 , 78) |
The accused, Palanimurugan @ Palani in S.C.No.115 of 2013 on the file of the I Additional District and Sessions Court at Tirunelveli aggrieved by the judgment dated 18.03.2021, by which judgment he had been convicted for the offence punishable under Sections 341 IPC and sentenced to undergo simple imprisonment
Conviction for murder can be reduced to culpable homicide not amounting to murder if committed in a sudden fight without premeditation, as established in this case.
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.
The accused committed murder with the use of deadly weapons and there was no sudden fight or quarrel as envisaged in Exception 4 to Section 300 IPC.
The court established that a conviction for murder under Section 302 IPC requires intent to kill, which was absent in this case, justifying a lesser charge under Section 304 IPC.
If intention of accused was limited to infliction of a bodily injury sufficient to cause death in ordinary course of nature and did not extend to intention of causing death, offence would be murder.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
Point of Law : Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue adva....
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