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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Mariyadass – Appellant
Versus
State of Tamil Nadu, Rep. by Inspector of Police – Respondent
| Table of Content |
|---|
| 1. challenge to conviction under ipc provisions. (Para 1 , 2) |
| 2. arguments on evidence supporting or refuting allegations. (Para 3 , 4 , 5) |
| 3. court's position on evidence and witness reliability. (Para 6 , 7) |
| 4. establishment of direct causation as a requisite for liability. (Para 15) |
| 5. final decision to acquit appellant. (Para 16 , 17) |
JUDGMENT :
Sunder Mohan, J.
This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him for the offence under Section 304 (II) of the IPC, vide judgment dated 11.04.2023 in S.C.No.35 of 2021, on the file of the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri.
2(i) The gist of the prosecution case is that on 28.09.2019, the victim had gone to fetch water from a panchayat tap nearby at about 12.00 noon; that when she came near the house of the appellant and when she touched the compound wall of PW24 [Poornima], she was electrocuted; that when her husband [PW14] saw the victim, she was standing without any movement; that when the husband touched her, he suffered an electric shock; that he realised that the victim had suffered an electric shock and thereafter, managed to remove
Proving direct causation is essential in establishing liability under Section 304-A IPC for criminal negligence.
Circumstantial evidence can corroborate a conviction even without eyewitnesses, provided it forms a continuous chain and the accused fails to counter it effectively.
The main legal point established in the judgment is the distinction between the intention to commit murder and the intention to commit another offense, leading to the application of different section....
The central legal point established in the judgment is the distinction between culpable homicide and death by negligence, as defined in Section 304 and Section 304A of IPC, respectively.
The court determined that insufficient evidence existed to justify the conviction for death due to electrocution, emphasizing the prosecution's failure in proving guilt beyond a reasonable doubt.
The prosecution must prove the ingredients of the offence beyond reasonable doubt in order to secure a conviction. Cruelty is an essential ingredient of the offence under Section 498A IPC and must be....
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