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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Rajkumar – Appellant
Versus
Inspector of Police Lalgudi Police Station Tiruchirapalli District – Respondent
JUDGMENT :
P.DHANABAL, J.
Challenging the conviction and sentence rendered by the learned III Additional District and Sessions Judge, Tiruchirapalli in SC No.178 of 2021 dated 23.06.2022, the present criminal appeal has been filed by the appellant.
2. The trial Court convicted the appellant for the offence under Section 302 of IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.5000/- in default to undergo three years simple imprisonment.
3. The appellant is the son of the deceased/Kalarani. The case of the prosecution is that the appellant used to go outside the village and come to his native place few time in the year and whenever he come to his native place he used to stay along with her mother/deceased Kalarani and he was a drunkard . The deceased was a diabetic patient and she was cared by her another son Ravi Jeyakumar/P.W.1. On 06.05.2020 at about 9.30 a.m., when the said Ravi Jeyakumar/complainant went to his mother’s house along with his wife /P.W.2Glory Penita at that time the appellant scolded his mother/deceased in filthy language and demanded money for his expenses and when his mother refused to give money he assaulted on her head by wooden log say
Assault with stick in sudden quarrel without premeditation falls under Exception 1 to Section 300 IPC, reducing Section 302 to 304 Part I conviction.
The court reaffirmed the credibility of eyewitness accounts in criminal proceedings, emphasizing their significance even amid investigative lapses.
The Court ruled that provocation and lack of intent in a homicide can warrant a conviction under culpable homicide instead of murder.
The court ruled that the appellant's actions, prompted by provocation and lack of intent to kill, warranted a conviction for culpable homicide not amounting to murder under Section 304 Part-II IPC.
The court upheld the conviction for murder, emphasizing the reliance on credible eyewitness testimony to establish guilt beyond reasonable doubt.
The court determined that the appellant's actions constituted culpable homicide not amounting to murder due to the absence of intent to kill, influenced by intoxication and sudden provocation.
Modifying conviction from murder to manslaughter due to lack of intent and premeditation, establishing a precedent for considering trivial disputes in assessing culpability.
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