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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Anandaraj – Appellant
Versus
State Rep by the Inspector of Police, Andipatti Police Station – Respondent
| Table of Content |
|---|
| 1. conviction details and origins of the case. (Para 2 , 3 , 4) |
| 2. analysis of prosecution's case. (Para 8 , 9) |
| 3. witness credibility and evidence analysis. (Para 11 , 12 , 19) |
| 4. legal reasoning for conviction adjustment. (Para 22) |
| 5. final decision and modifications of sentences. (Para 23 , 24) |
JUDGMENT :
N. ANAND VENKATESH, J.
1. This criminal appeal has been filed challenging the judgment passed by the Additional District and Sessions Judge, Tirunelveli made in SC No. 80/2018 dated 25.04.2023, wherein, the appellant was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for two years.
2. The case of the prosecution is that the deceased is the son of PW1 and PW5. The deceased after completing his SSLC joined a diploma course in a Polytechnic, but, however, he discontinued the course. He got into the habit of consuming liquor and and on one such occasion, when he was consuming liquor along with his friends near Kottai Karuppasamy Temple, there was a quarrel between the deceased and the accused. As a result, there was a pervious enmity between them. On 15.10.201
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 modified the conviction from murder to culpable homicide not amounting to murder, acknowledging the absence of premeditation in the crime.
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 established that a conviction for murder under Section 302 IPC requires intent to kill, which was absent in this case, justifying a lesser charge under Section 304 IPC.
The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without premeditation.
Unintentional homicide is not murder.
The court established that actions taken under extreme provocation can qualify as culpable homicide, not amounting to murder, thereby modifying the conviction accordingly.
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