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In Re: Sengoda Goundan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad651; 30Ind.Cas.438
AppellantIn Re: Sengoda Goundan and ors.
Excerpt:
penal code (act xlv of 1860), sections 299, 302, 304, 395, 396 - mere stuffing of cloth into mouth of deceased to silence him, if murder. - .....murder. it seems clear that they stuffed a cloth into deceased's mouth in order to silence him, not with any idea of killing him, and the most that can be said is that they must be presumed to have known that they were likely in so doing to cause his death: (vide last clause of section 299, indian penal code). we alter the sections under which appellants have been convicted from sections 302 and 396, indian penal code, to sections 304 and 395, indian penal code. we reduce the sentences on accused nos. 1 and 2 to seven years' rigorous imprisonment and confirm the sentences on the other appellants.
Judgment:

1. We see no reason to doubt the substantial truth of the prosecution story as to the dacoity, the manner in which deceased Karuppa Goundan met his death, or the complicity of appellants.

2. We do not, however, think that the act of the accused Nos. 1 and 2 amounts to murder. It seems clear that they stuffed a cloth into deceased's mouth in order to silence him, not with any idea of killing him, and the most that can be said is that they must be presumed to have known that they were likely in so doing to cause his death: (Vide last clause of Section 299, Indian Penal Code). We alter the sections under which appellants have been convicted from Sections 302 and 396, Indian Penal Code, to Sections 304 and 395, Indian Penal Code. We reduce the sentences on accused Nos. 1 and 2 to seven years' rigorous imprisonment and confirm the sentences on the other appellants.


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