Yesupillai v. State by
Case brief
What is this about?
Appeal against conviction and sentence for murder. High Court convicted the appellant under Section 304-I IPC instead of Section 302 IPC due to sudden provocation, reducing the sentence to seven years rigorous imprisonment.
What did the court decide?
Conviction under Section 302 IPC set aside; conviction substituted with Section 304-I IPC; sentence reduced to seven years rigorous imprisonment and fine of Rs.1,000/-.
What the court decided
Bail Slip
That the Appellant herein / Sole Accust viz., Yesupillai, S/o.Moses was directed to be released on bail as per order dt.28.04.2015 made in M.P.No.1/15 in Crl.A.155/14 on the file of this Court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.07.2016
CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
AND
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
CRL.A.No.155 of 2014
Yesupillai ..Appellant/ Accused
..Vs..
State by
Inspector of Police,
C-4, Pennalurpet Police Station,
Tiruvallur District
(Crime No.167 of 2010) .. Respondent
Appeal filed u/s.374 Cr.P.C., against the Judgment of
conviction and sentence passed by the learned Principal Sessions
Judge, Tiruvallur in S.C.No.232 of 2012 dated 12.02.2014.
For Appellant : Mr.A.Selvendiren
Legal Aid Counsel
For Respondent : Mr.M.Maharaja,
Addl. Public Prosecutor
JUDGMENT
[Judgment of the court was delivered by V.Bharathidasan, J.]
The appellant is the sole accused in S.C.No.232 of 2012 on the file of the learned Principal Sessions Judge, Tiruvallur. He stood charged for an offence punishable under Section 302 of IPC. By judgment dated 12.02.2014, the trial court convicted the accused for the offence under Section 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo six months rigorous imprisonment. Challenging the said conviction and sentence, the appellant/sole accused is before this Court with this appeal.
Issues for consideration
2 issues framed by the court
Whether the accumulated evidence and three consistent dying declarations warrant conviction for murder or culpable homicide not amounting to murder under Section 304-I IPC.
Whether the circumstances of sudden provocation and lack of prior hostility mitigate the quantum of punishment below life imprisonment.
Parties & counsel
- appellant
Yesupillai
- respondent
The State
Coram
S. Nagamuthu
Case details
As recorded by the court registry
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