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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM
Binojyakka – Appellant
Versus
State rep. By The Inspector of Police, Annur Police Station – Respondent
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 Kor
Conviction altered from Section 302 IPC to Section 304(2) IPC due to lack of evidence for premeditation or intent, resulting in reduced sentence.
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.
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 established that the conviction for culpable homicide not amounting to murder is justified when intent to kill is not proven, relying on witness credibility and evidential discrepancies.
The main legal point established in the judgment is the reliance on direct evidence, including the testimony of the injured eye witness and medical evidence, to establish the guilt of the accused bey....
It is the quality and not the quantity which determines the adequacy of evidence. Evidence has to be weighed not counted.
Murder conviction upheld on circumstantial evidence via complete chain: homicidal death, last seen together, false explanation, body concealment, corroborated confessions, medical proof of fatal inju....
The conviction for murder under Section 302 IPC was upheld based on circumstantial evidence demonstrating a complete and unbroken chain leading to the appellant's guilt.
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