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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, KRISHNAN RAMASAMY
Selvaraj – Appellant
Versus
State of Tamil Nadu, Through the Inspector of Police, Chinnakovilankulam Police Station – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding intent and conviction (Para 5 , 6) |
| 3. court's analysis of intention in law (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final judgment on conviction under section 304 part ii (Para 13) |
| 5. conclusion and orders passed by the court (Para 14) |
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
This appeal is directed as against the Judgment passed in S.C.No.369 of 2021, dated 19.07.2022, on the file of the I Additional District and Sessions Court, Tirunelveli, thereby convicting the appellant for the offence punishable under Section 302 of I.P.C.
2.The case of the prosecution is that on 10.10.2020 at about 06.30 p.m., when the deceased, along with his daughter and wife, was standing in their cattle shed and talking with them, the accused, who is none other than the son of the deceased, came there and demanded money from his father. The deceased refused to give money, since the accused was not regular in attending his work. Aggrieved by the same, the accused threatened the deceased and also assaulted him with an oak wooden log on his head. Due to the said assault, the deceased fell down and died. Based on the complaint, the res
The court determined that acts committed in sudden provocation can result in a conviction for culpable homicide under Section 304 Part II instead of murder under Section 302 of IPC.
The distinction between murder and culpable homicide hinges on the intention of the accused, with grave provocation leading to a conviction under Section 304 Part II instead of Section 302.
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 held that lack of clear intent in a violent altercation necessitated a conviction under Section 304 Part II IPC instead of Section 302 IPC.
The court clarified that intention to kill is pivotal in distinguishing between murder and culpable homicide, confirming conviction under Section 304 Part II given absence of intent despite a fatal a....
The court emphasized differentiation between murder and culpable homicide based on intention and knowledge, holding the accused liable under Section 304 Part II for culpable homicide due to the absen....
The court established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
Intention in causing harm must be assessed in light of relationships and circumstances, leading to a modification of conviction from S.302 to S.304 Part II IPC.
The court established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
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.
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