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2024 Supreme(Mad) 2398
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM AND V.SIVAGNANAM, JJ.
Binojyakka - Petitioner
Versus
State rep. By The Inspector of Police, Annur Police Station – Respondent
Crl.A.No.1060 of 2022
Decided on : 03-10-2024
Important Points
Subject
Criminal Law - Murder
Act Referred
CRIMINAL PROCEDURE CODE: S.304(2), S.313
Headnote
(B) Criminal Procedure Code - Section 313 - Accused denied incriminating evidence - No witnesses from the defense presented, impeding the argument against the prosecution's evidence. (Paras 3, 14)
Facts of the case:
The appellant, charged under Section 302 IPC, was accused of killing Sivasamy during an altercation when the deceased confronted him for trespassing, resulting in the deceased being struck with a coconut fiber.
Issues: The court addressed whether the evidence substantiated the serious offense under Section 302 IPC or could support a lesser charge, as well as the evidential reliability of eye-witnesses.
Findings of Court:
Conviction exists for causing death but lacks evidence for intent to kill, thereby merits a lesser charge under Section 304(2) IPC.
Ratio Decidendi: The court ruled on the absence of premeditation and intent to kill based on the manner in which injuries were caused and the nature of the weapon, indicating a case of culpable homicide not amounting to murder.
Result: Conviction altered to Section 304(2) IPC, with a sentence of 5 ½ years of rigorous imprisonment, fine confirmed.
Advocate Appeared:
For the Petitioner: Mr.R.Sankarasubbu
For the Respondent: Mr.S.Raja Kumar
| Table of Content |
|---|
| 1. conviction and sentencing of accused under ipc (Para 2 , 3 , 4) |
| 2. details of occurrence and eyewitness accounts (Para 5 , 8 , 10) |
| 3. details surrounding the altercation leading to the deceased's death. (Para 7) |
| 4. investigation process and evidence gathered. (Para 12) |
| 5. arguments from both parties regarding evidence (Para 15) |
| 6. court’s analysis on the prosecution's evidence and intent (Para 19 , 20 , 21 , 22 , 23) |
| 7. modification of conviction and sentence by the court (Para 24 , 25) |
ORDER :
V. SIVAGNANAM, J.
The appellant has filed this appeal against the judgment dated 12.03.2021 passed by the I Additional District and Sessions Judge Court, Coimbatore in SC.No.132 of 2019.
2. The appellant/accused was charged and prosecuted under Section 302 IPC by the Inspector of Police, Annur Police Station in Crime No.45 of 2019.
3. To prove the prosecution case, prosecution has examined 13 witnesses, PW 1 to PW13, and marked 13 documents Ex.A.1 to Ex.A.13. Besides, one material object MO.1 is marked. Incriminating prosecution witnesses explained to the accused under Section 313 Cr.P.C. He denied them as false. Further, the accused has not examined any witnesses nor exhibited any documents.
4. After considering the evidence and documents, the Trial Court convicted and sentenced the appellant for the offences under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 3 months.
5. The prosecution case is that the deceased Sivasamy was residing at Senkattuthottam, Ganesapuram in Annur Police Station limits in Coimbatore District. The accused Binojyakka, belonging to Kunthura Village in Koraput District in Odisha State, had come to Coimbatore District with his friends and was searching for employment. On 31.01.2019 the accused went to Ganesapuram to seek employment and trespassed into the gardens of the said Sivasamy.
and hit Sivasamy repeatedly with the said weapon on his head and back. Sivasamy fell down unconsciously.7. PW1/Chelladurai took Sivasamy in his Omni car to Kovai Medical Centre Hospital, Kovilpalayam at 7.05 A.M, PW6/Dr.Vishnupriya examined Sivasamy and declared that he was already dead. She issued Ex.P.6 Accident Register copy and Ex.P.7 Death Intimation. Meanwhile while he was chased from the scene of occurrence by witnesses, the accused fell down and sustained injuries. He was admitted at Annur Government Hospital at 7.50 A.M by PW2 Shanmugasundaram and PW4 Moona @ Sithender Bagh. PW8/Dr.Kannan examined the accused for the injuries and issued Ex.P.10 Accident Register copy.
8. PW1/Chelladurai appeared at Annur Police Station on the same day at 8.30 A.M and gave Ex.P.1 written complaint. Sivasamy, Sub Inspector of Police received it and registered Ex.P.11 FIR in Cr.No.45 of 2019 under Section 302 IPC against the accused Binojyakka. PW12/Venkatesan, the Inspector of Police, Annur Police Station took up the investigation.
9. During investigation, PW12 visited the scene of occurrence on the same day at 9.15 A.M in the presence of PW7/Muthusamy and Selvaraj and prepared Ex.P.12 rough sketch and Ex.P.8 observation mahazar. He examined witnesses. He seized MO.1 coconut fiber under Ex.P.9 recovery mahazar at 10.15 A.M from the scene of occurrence. He held inquest over t
