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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Anbu @ Anburaj – Appellant
Versus
State By Inspector Of Police, Bhavani Police Station, Erode District – Respondent
| Table of Content |
|---|
| 1. establishing the context and facts surrounding the incident. (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties regarding the sufficiency of evidence and credibility. (Para 6 , 7 , 8 , 9) |
| 3. court's assessment and observations pertaining to witness reliability and forensic evidence. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. determination of culpability under section 304 due to provocation. (Para 22 , 24) |
| 5. final verdict and outcome of the appeal. (Para 25) |
JUDGMENT :
This appeal has been filed to set aside the judgment passed in SC.No.133 of 2015, dated 03.01.2018 on the file of IV Additional District and Sessions Court, Erode at Bhavani.
i) The deceased Karthikeyan, A1/Anbu @ Anburaj, A2/Sasi @ Sasikumar (who died pending trial) and PW4 Yuvaraj, were friends. On 08.02.2015, at about 22.00 hours, they were consuming alcohol near the staircase of the Amman Digital Photo Studio. At that time, there was a wordy quarrel between the deceased and A1. The deceased scolded A1 with filthy language degrading A1’s mother and A1 got grudge over the same. On the same day at 22.15 hours, A1 went to his fruit shop, and brought the MO1 knife and asked A2 to ca
The court determined that killing during a sudden quarrel, spurred by provocation, constitutes culpable homicide rather than murder, warranting a conviction under lesser charges.
The court established that a conviction for murder under Section 302 IPC requires intent to kill, which was absent in this case, justifying a lesser charge under Section 304 IPC.
The prosecution must prove its case beyond reasonable doubt; mere suspicion is insufficient to convict, especially where witness credibility is in question.
The prosecution must prove the guilt of the accused beyond reasonable doubt. If there is any doubt as to the guilt of the accused, the accused must be acquitted.
The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
The court ruled that the actions leading to death were a result of provocation, modifying the conviction from murder to culpable homicide not amounting to murder.
The prosecution must establish guilt beyond reasonable doubt; inconsistencies and procedural failures in witness accounts can lead to acquittal.
Conviction in criminal cases requires proof beyond a reasonable doubt; contradictions and lack of credible evidence can lead to reversal of such convictions.
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