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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Palani – Appellant
Versus
Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District – Respondent
| Table of Content |
|---|
| 1. details of the conviction for murder under ipc. (Para 1 , 2 , 3 , 4) |
| 2. investigation findings and cause of death. (Para 5 , 6) |
| 3. trial court proceedings and conviction. (Para 10 , 11 , 12) |
| 4. assessment of whether murder charges are substantiated. (Para 19 , 20) |
| 5. final judgment and modification of conviction. (Para 21) |
JUDGMENT :
N. ANAND VENKATESH, J.
1. The sole accused assails the judgment passed by the Principal Sessions Judge, Ramanathapuram, made in S.C.No.168 of 2019 dated 28.06.2022 in this appeal, wherein the trial court convicted the accused person for offence under Section 302 of IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo two months simple imprisonment.
2. The case of the prosecution is that, the brother of the de-facto complainant (PW1) was residing along with his elder son Palani and there was some dispute between Solaimalai and Palani regarding a landed property. On 05.04.2019, the said Palani is said to have attacked and murdered Solaimalai. The same resulted in a complaint (Ex.P1) given by PW1, which resulted in the registration of FIR (Ex.P9) by the Sub-Inspector of Police (PW15) in Crim
The court modified the conviction from murder to culpable homicide not amounting to murder, acknowledging the absence of premeditation in the crime.
Alteration of conviction from murder to culpable homicide not amounting to murder due to lack of premeditation.
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.
A criminal conviction can be sustained solely on the testimony of a solitary eyewitness under Section 134 of the Indian Evidence Act, provided the testimony is reliable, unshaken during cross-examina....
The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without premeditation.
The prosecution must prove each circumstance in a case of circumstantial evidence beyond reasonable doubt; mere suspicion is insufficient for conviction.
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