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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Mohammed Mydeen @ Mydeen – Appellant
Versus
State rep by The Inspector of Police, Pettai Police Station – Respondent
| Table of Content |
|---|
| 1. circumstances surrounding the incident and investigation (Para 2 , 3 , 4 , 8 , 9) |
| 2. medical evidence and cause of death (Para 6 , 7 , 10 , 21) |
| 3. testimony of witnesses supporting prosecution case (Para 11 , 12 , 15 , 16 , 17 , 18 , 19) |
| 4. application of legal exceptions to the offence (Para 24 , 25 , 26 , 27) |
| 5. modification of conviction and final sentence (Para 28 , 29) |
JUDGMENT :
N.ANAND VENKATESH, J.
This criminal appeal has been filed challenging the judgment of the I Additional District and Sessions Judge, Tirunelveli made in SC No. 603/2016 dated 05.01.2023, wherein, the appellant was found guilty and convicted and sentenced in the following manner:
The sentences were ordered to run concurrently.
2. The case of the prosecution is that the accused person was residing just adjacent to the house of the deceased. The deceased used to play his television with high decibel levels and the accused person questioned the same on various occasions. Hence, there were previous occasions, where both the deceased and the accused had quarreled on this issue. On 14.06.2015, at about 9.30 p.m., the deceased had kept the decibel level of the television very high and the accused pe
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.
Alteration of conviction from murder to culpable homicide not amounting to murder due to lack of premeditation.
The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without 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.
Sudden quarrel without premeditation, single stab in heat of passion without undue advantage or cruelty attracts Exception 4 to Section 300 IPC; offence reduced from Section 302 murder to Section 304....
Unintentional homicide is not murder.
As admitted by all witnesses that altercation continued between two group of different family members of opposite parties, one of them, who might have suggested to take out knife and gave one blow to....
The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
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