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Ramaswami Vs. State of Tamil Nadu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 248 of 1980
Judge
Reported in(1982)1SCC474
ActsIndian Penal Code (IPC), (IPC) 1860 - Section 304
AppellantRamaswami
RespondentState of Tamil Nadu
DispositionAppeal Allowed
Excerpt:
- [ d.a. desai and; v.r. krishna iyer, jj.] -- code, 1860 — sections 304 part ii/302 — patricide sequel to a domestic squabble — single sickle blow inflicted on head — deceased hospitalised and subjected to surgery but due to infection, eventually dying 10 days later -- a short point as to the nature of the precise offence arises in this case where the son, the appellant, killed his father, the deceased, on account of domestic squabble arising from the marriage of the appellant. we convert the conviction accordingly and sentence the appellant to 7 years' ri under section 304 part ii of the ipc......from the marriage of the appellant. it is the finding of the court that this gave rise to domestic tension. the father even declined to attend the wedding. be that as it may, the mortal wound was stated to have been caused by a single sickle blow on the head. it was not fatal and the victim, for a time, survived in the hospital. later, a surgery was done but, on account of infection, eventually he passed away 10 days later.3. these circumstances, read in the light of the surrounding facts, convince us that the offence is one under section 304 part ii ipc and not under section 302 ipc. we convert the conviction accordingly and sentence the appellant to 7 years' ri under section 304 part ii of the ipc.
Judgment:

V.R. KRISHNA IYER, J.

1. After preliminary hearing we grant leave.

2. A short point as to the nature of the precise offence arises in this case where the son, the appellant, killed his father, the deceased, on account of domestic squabble arising from the marriage of the appellant. It is the finding of the Court that this gave rise to domestic tension. The father even declined to attend the wedding. Be that as it may, the mortal wound was stated to have been caused by a single sickle blow on the head. It was not fatal and the victim, for a time, survived in the hospital. Later, a surgery was done but, on account of infection, eventually he passed away 10 days later.

3. These circumstances, read in the light of the surrounding facts, convince us that the offence is one under Section 304 Part II IPC and not under Section 302 IPC. We convert the conviction accordingly and sentence the appellant to 7 years' RI under Section 304 Part II of the IPC.


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