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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Velankanni @ Mathi – Appellant
Versus
State represented by, The Inspector of Police, Ilupur Police Station – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
This appeal is directed as against the Judgment passed in S.C.No.108 of 2021, dated 03.08.2022, on the file of the learned Principal District and Sessions Judge, Pudukkottai, thereby convicting the appellant for the offence punishable under Section 302 of I.P.C.
2.The case of the prosecution is that the deceased is the wife of the accused. Both of them had been residing under the same roof for 15 years. There was no offspring out of the matrimonial bond. The accused had illegal intimacy with another woman, who happened to be his second wife. While being so, on 31.07.2021, after completing their work under the 100-days work project, the accused and the deceased returned home. On that day, the accused 's relatives came to their house to attend a festival celebration and the accused left to drop them off. Thereafter, the accused did not return home till 07.00 p.m. When the accused returned home, the deceased questioned him about his relationship with the second wife. Feeling humiliated, the accused scolded her using filthy language. At that juncture, the accused poured kerosene on her and set her on fire. Therefore, the deceased sustained severe burn in
The court ruled that the actions of the accused constituted culpable homicide under Section 304 Part II due to provocation rather than murder under Section 302, emphasizing the necessity of intent in....
Dying declarations must be reliable; mere speculation of suicide may lead to alternative charges if harassment is proven.
The distinction between murder and culpable homicide hinges on the accused's intention, with impulsive actions in a heated moment potentially qualifying for a lesser charge under Section 304-I IPC.
Unintentional homicide will not come under Section 302 of IPC.
The court ruled that the prosecution failed to prove intent for murder, leading to a conviction for culpable homicide under Section 304 Part II instead of Section 302.
The court clarified that actions under intoxication leading to death may constitute culpable homicide not amounting to murder, not murder itself.
Point of law: Statement given by the deceased in her dying declaration reveals that the appellant was in a fully drunken stage on the night when the incident took place.
Point of Law : Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh puni....
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