Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Murugesh – Appellant
Versus
State rep by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. conviction and background of the case (Para 1 , 1 , 3) |
| 2. testimony and evidence collection (Para 5 , 6) |
| 3. importance of eyewitness accounts (Para 7 , 8 , 10 , 11 , 12 , 13 , 14) |
| 4. contradictions in evidence and provocation argument (Para 15 , 17 , 18) |
| 5. application of section 300 ipc exceptions (Para 20 , 21) |
| 6. modification of conviction and sentence (Para 22 , 23 , 24) |
JUDGMENT
N.ANAND VENKATESH, J.
1. The sole accused assails the judgment passed by the Additional District and Sessions Court, Kuzhithurai made in SC NO.81/2018 dated 22.07.2022, wherein, he was convicted for offence under Section 302 IPC and was sentenced to undergo life imprisonment.
2. The case of the prosecution is that the de-facto complainant (PW1) was residing along with his parents and his brother Murugesh was working at Kerala. His brother Murugesh had a strained relationship with his father and was always demanding money. On 17.10.2017, the said Murugesh, who is the sole accused, came to the residence and demanded money from his father and there was a quarrel between the father and son. At that time, the accused person attacked the deceased with a stone on his head and all over his body and a
Court found no premeditation in the homicide, ruling that the act fell under Section 304(1) IPC due to grave and sudden provocation stemming from familial disputes.
The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without premeditation.
Alteration of conviction from murder to culpable homicide not amounting to murder due to lack of premeditation.
The court modified the conviction from murder to culpable homicide not amounting to murder, applying Section 304(II) IPC, based on the absence of premeditation and the suddenness of the incident.
The Court ruled that provocation and lack of intent in a homicide can warrant a conviction under culpable homicide instead of murder.
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 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.
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
