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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Muniyammal – Appellant
Versus
Assistant Commissioner of Police Anna Nagar (Law and Order Circle) – Respondent
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
1. Challenging the conviction and sentence rendered by the III Additional District and Sessions Court (PCR) Madurai dated 03.02.2023, the present criminal appeals have been filed by the appellants.
2. The trial Court has convicted the accused as follows:
| Penal Provisions | Sentence of Imprisonment | Fine Amount |
| 3(1)(s) of SC/ ST (PoA)Act r/w. 34 of IPC | Five years Rigorous imprisonment | Rs.500/- i/d to under go six months simple imprisonment |
| 307 of IPC r/w.34 of IPC r/w.3(2) (v) of SC/ ST (PoA)Act | Ten years Rigorous imprisonment | Rs.1,000/- i/d to under go six months simple imprisonment |
| 302 r/w.34 of IPC r/w.Section 3(2) (v) of SC/ST(PoA)Act | Life Imprisonment | Rs.2,000/- i/d to under go one year simple imprisonment |
3. The case of the prosecution is that the deceased and the injured belongs to the Scheduled caste/Scheduled Tribe community and they were living in the house owned by the P.W.6. In the same road opposite to their house the accused were living in the first floor. They belong to other community. While being so, the first accused, while he was going to his house, very often used to knock the house door of the deceased and as such there was previous enmity betwee
For convictions under SC/ST Act, incidents must occur in public view; however, discrepancies in witness accounts do not negate credible evidence of assault leading to murder.
The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.
The importance of prompt lodging of FIR in criminal cases and the need for evidence to establish the presence of the public at the time of the offense to satisfy the criteria of 'public view' under S....
The court established that intent to kill must be proven for a conviction under Section 307 IPC, and actions must be motivated by caste discrimination to apply the SC/ST (PoA) Act.
Point of law : Murder /Attempt to Murder - Conviction set aside – Delay in filing FIR - unexplained delay in registering the F.I.R. and dispatching the same to the concerned Court, and suppressing tw....
Court emphasized the need for consistent witness testimonies to sustain convictions under SC/ST Act and recognized the importance of specific attribution of actions to the accused in assault cases.
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