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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.V.Karthikeyan, J.Sathya Narayana Prasad
Tirupathi – Appellant
Versus
State of Rep. by The Inspector of Police, Krishnankovil Police Station – Respondent
JUDGMENT :
The accused, Tirupathi, son of Gurusamy, who had been convicted and sentenced for commission of offence punishable under Section 302 IPC by the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur and sentenced to undergo Life imprisonment and fine of Rs.10,000/- in default, one year Simple Imprisonment in S.C.No.21 of 2011 by judgment dated 21.11.2019, has filed the present Criminal Appeal.
2. The appellant/accused and his wife P.W.7/Muneeswari were residing at Panankulam in Virudhunagar District. It is the case of the prosecution that the appellant suspected his wife/Muneeswari (P.W.7) to have illicit relationship with Muthukaruppan, the deceased.
2.1. It is the further case of the prosecution that owing to this allegation, there were frequent quarrels between the accused and his wife/Muneeswari (P.W.7).
2.2. It had also been stated that three months prior before the incident complained of in this case, in the night at 9.00 p.m., the accused had seen the deceased Muthukaruppan coming out of his house and had picked up a quarrel with the deceased Muthukaruppan.
2.3. It is further stated that on 29.06.2010 at around 11.45 p.m., when the accused wen
Extreme provocation can reduce murder charges under Section 302 IPC to culpable homicide under Section 304 IPC when intent to kill is absent.
Sustained provocation and heat of passion can reduce murder to culpable homicide, allowing for a lesser sentence under Section 304(II) IPC.
The court affirmed that evidence must establish intention to commit murder, ruling that provocation claimed by the accused did not mitigate the crime, reaffirming conviction under Section 302 IPC.
The court established that provocation must be grave and sudden to negate intent for murder, which was not satisfied in this case.
The court established that a homicide can be classified as culpable homicide not amounting to murder if committed under grave and sudden provocation, emphasizing the importance of context and the acc....
The court ruled that actions taken under grave and sudden provocation can lead to a conviction for culpable homicide not amounting to murder, distinguishing it from murder under Section 302 IPC.
The court reaffirmed that intention and the nature of injuries are critical in distinguishing between murder and culpable homicide under 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 can be reduced from murder to a lesser charge if the act was committed under grave and sudden provocation, as outlined in Section 300 IPC.
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