Mohan v. State Rep by
Case brief
What is this about?
The High Court allowed the appeal partly, convicting the appellant under Section 304(1) IPC instead of murder. It held the accused exceeded private defence after intervening to rescue a victim, finding the act resulted in the deceased's death without premeditation.
What did the court decide?
Conviction under Section 304(1) IPC; Sentence of six years rigorous imprisonment; Fine of Rs.1,000;
What the court decided
Bail Slip:- The Appellant/Accused namely Mohan S/o.Govindasamy was directred to be released on bail as per order dated 21.12.2015 and made in M.P.1/15 in Crl.A.No.569/15 on the file of this court.
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Criminal Appeal No.569 of 2015 Mohan .. Appellant/ Accused - Vs - The State rep. by The Inspector of Police, Mannargudi Town Police Station, Mannargudi. (Cr.No.6 of 2012) .. Respondent/ Complainant
Prayer:- Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned Principal District and Sessions Judge, Tiruvarur in S.C.No.43 of 2012 dated 14.07.2015.
For Appellant : Mr.S.Kingston Jerold For Respondent : Mr.E.Raja Additional Public Prosecutor
(Judgment of the Court was delivered by S.Nagamuthu, J.)
The appellant is the sole accused in S.C.No.43 of 2012 on the file of the learned Principal District and Sessions Judge, Tiruvarur. He stood charged for offences under Sections 294 (b) and 302 I.P.C. By judgment dated 14.07.2015, the trial Court convicted him under both the charges and sentenced him to undergo rigorous imprisonment for one month for the offence under Section 294(b) I.P.C. and to undergo imprisonment for life and pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for the offence under Section 302 I.P.C. Challenging the said conviction and sentence the appellant is before this Court with this appeal.
Issues for consideration
2 issues framed by the court
Whether the accused who exceeded his right of private defence is liable for murder or culpable homicide not amounting to murder.
Whether the trial Court convicted the accused under the correct section of the Indian Penal Code.
Parties & counsel
- appellant
Mohan
- respondent
The State
Coram
S.Nagamuthu
Case details
As recorded by the court registry
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