Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Rajagopal – Appellant
Versus
State, Rep. By The Inspector of Police – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
1. This appeal has been filed as against the Judgment passed in S.C.No.27 of 2017, dated 15.07.2022, on the file of the Fast Track Mahila Court, Sivagangai, thereby convicting the appellants for the offences punishable under Section 302 of IPC .
2. The case of the prosecution is that both the accused are brothers. The accused and the deceased belong to same village. On 01.08.2011 at about 08.00 a.m., both the accused had beaten P.W.1 alleging that he committed eve-teasing on their brother's daughter, who was studying in grade 12. Thereafter, P.W.1 informed about the said occurrence to his maternal uncle namely Manikandan. On the same day, at about 5.30 p.m., P.W.1, the said Manikandan along with his father-in-law rushed from Thisayanvilai Village to P. Velankulam Village and went to the house of the accused. The paternal uncle of the P.W.1, who was the deceased questioned the accused as to why he attacked P.W.1 for such a simple problem. Immediately, the accused scolded him with filthy language and dragged him in front of their house and assaulted him with aruval and knife. Therefore, the deceased sustained grievous injuries. Subsequently, the deceas
The court emphasized differentiation between murder and culpable homicide based on intention and knowledge, holding the accused liable under Section 304 Part II for culpable homicide due to the absen....
A conviction for culpable homicide requires establishing intent, which was lacking in this case, leading to a revised charge under Section 304 Part II IPC.
The distinction between murder and culpable homicide hinges on the intention of the accused, with grave provocation leading to a conviction under Section 304 Part II instead of Section 302.
The court held that lack of clear intent in a violent altercation necessitated a conviction under Section 304 Part II IPC instead of Section 302 IPC.
The court determined that acts committed in sudden provocation can result in a conviction for culpable homicide under Section 304 Part II instead of murder under Section 302 of IPC.
The court clarified that intention to kill is pivotal in distinguishing between murder and culpable homicide, confirming conviction under Section 304 Part II given absence of intent despite a fatal a....
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.
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 established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
