Back
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 :
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.
(ii) On the complaint [Ex.P1] given by PW1, the mother of the victim, a case was registered under Section 174 Cr.P.C., stating that her daughter died due to electric shock. During the course of investigation, the respondents collected evidence to show that one year prior to the occurrence, the appellant had tied an electrical wire which supplied electricity to his neighbour [PW24], in the iron fencing above the compound wall, since the electrical wire was touching the wall of his house; that the appellant as a wireman was aware of the
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....
Causing death by negligence – For bringing home guilt of accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of accused and death of victim.
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
