MANU/TN/0667/1934

Equivalent Citation: 1934 MWN 691

Equivalent Citation : 1934 MWN 691

IN THE HIGH COURT OF MADRAS

Cr. App. No. 37 of 1934

Decided On: 27.04.1934

Appellants: Ilayaperumal Nadar

Vs.
Respondent: Emperor

Hon'ble Judges/Coram:
K.P. Lakshmana Rao, J.

Counsels:
For Appellant/Petitioner/Plaintiff: K.S. Jayarama Iyer, C.K. Venkatanarasimham and R.
Subramanian

For Respondents/Defendant: Parakat Govinda Menon

JUDGMENT

K.P. Lakshmana Rao, J.

1. The appellants have been convicted under S. 304, Cl. 2, I.P.C. of culpable homicide
not amounting to murder for causing the death of one Subbiah Nadar by fisting and
kicking him, and sentenced, appellant 1 to rigorous imprisonment for 9 years and the
rest to rigorous imprisonment for 7 years each. The evidence of P.Ws. 3, 4 and 5
shows, and it was not rightly disputed, that the deceased was dragged from his house
and fisted and kicked by the appellants, but death is stated to have been due to
asphyxia as the result of strangulation and as remarked by the learned sessions judge it
is not possible to attribute any particular act of violence to any of the appellants. There
was no prior enmity between the parties and the intention is found to be to cause hurt.
Under the circumstances the appellants cannot be convicted under S. 304, I.P.C. and as
observed in Queen Empress v. Duma Baidya MANU/TN/0153/1896 : (1896) 19 Mad.
483 they would be guilty only under S. 323 I.P.C. The conviction is therefore altered to
one under S. 323, I.P.C. and the appellants are sentenced to rigorous imprisonment for
9 months each.

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