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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Manickam – Appellant
Versus
State Rep. by its the Inspector of Police, Kulithalai Police Station – Respondent
| Table of Content |
|---|
| 1. conviction for murder based on assault facts. (Para 1 , 2 , 5) |
| 2. analysis of evidence presented in trial. (Para 4 , 10 , 11) |
| 3. doubt on witness credibility and prosecution's case. (Para 6 , 7 , 8 , 12 , 13) |
| 4. assessing liability under sections 302 and 304 ipc. (Para 14 , 15 , 16) |
| 5. failure of prosecution to establish unlawful assembly. (Para 20 , 21 , 22 , 23) |
| 6. modification of sentences and partial allowance of appeal. (Para 24 , 25 , 26) |
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
1. This appeal has been filed as against the Judgment passed in S.C.No.2 of 2021, dated 20.01.2023, on the file of the Principal Sessions Court / District Court, Karur, thereby, convicting the appellants 1 to 4 for the offences punishable under Sections 148, 302 r/w 149 of IPC and convicting the fifth appellant for the offences punishable under Sections 147, 294(b) and 302 r/w 149 of IPC.
2. The case of the prosecution is that due to previous motive, on 11.01.2020 at about 17.30 hours all the accused unlawfully assembled in front of the deceased's house and the first accused attacked the deceased on the backside of his head with wooden log, the second accused attacked the deceased with stone and h
The court established that intent and premeditation are crucial to determine murder charges, and lack of such elements may warrant a conviction for lesser culpable homicide under Section 304 Part II.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
The evidence must establish a premeditated intent to commit murder and the existence of an unlawful assembly with the common object of committing murder to support a conviction for murder under Secti....
The absence of premeditated intent and evidence of rioting with deadly weapons negates the applicability of Sections 148 and 149, allowing modification of convictions under Section 323 IPC.
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 court ruled that the assault was unintentional due to sudden provocation, warranting conviction under Section 304 Part II IPC instead of murder under Section 302 IPC.
The main legal point established in the judgment is the requirement to prove the constitution of an unlawful assembly and the applicability of vicarious liability under Section 149 of IPC.
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