Case Note & Summary
The appellant, Udayakumar, was convicted by the Additional Sessions Judge (Fast Track Mahila Court), Karur, for offences under Sections 449, 294(b), 324, 302 and 506(II) of the Indian Penal Code (IPC) and sentenced to life imprisonment for murder, among other sentences. The case arose from an incident on 30.08.2016 at Karur College of Engineering, where the appellant, a former student who had discontinued studies, entered a classroom and attacked the deceased, Sonali, a third-year BE Civil Engineering student, with a wooden log (MO1) after she had avoided his proximity. The deceased succumbed to her injuries in the hospital. The prosecution examined 30 witnesses, including eyewitnesses PW1 (a lecturer who was teaching at the time), PW2 and PW3 (students), and PW20 (the doctor who conducted the post-mortem). The appellant denied the charges and claimed false implication. The trial court convicted him based on the credible testimony of eyewitnesses and medical evidence. On appeal, the Madras High Court examined the evidence and found that the eyewitnesses had consistently deposed about the incident, and their testimony was corroborated by the medical evidence. The court rejected the appellant's argument that the eyewitnesses were interested witnesses, noting that they were independent and their presence at the scene was natural. The court also considered the motive, i.e., the appellant's animosity due to the deceased avoiding him. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Trespass - Sections 449, 302 IPC - Conviction based on eyewitness testimony - The appellant was convicted for murdering the deceased by attacking her with a wooden log in a classroom after she avoided his proximity. The court upheld the conviction relying on the credible testimony of eyewitnesses (PW1, PW2, PW3) and medical evidence (PW20) which confirmed the cause of death as head injury. Held that the prosecution proved its case beyond reasonable doubt (Paras 2-20). B) Criminal Law - Obscene Acts - Section 294(b) IPC - Use of filthy language - The appellant scolded the deceased in filthy language before assaulting her. The court found the evidence sufficient to sustain the conviction under Section 294(b) IPC (Para 2). C) Criminal Law - Voluntarily Causing Hurt - Section 324 IPC - Attack on rescuer - When PW1 intervened to rescue the deceased, the appellant attacked him with the same wooden log, causing injury on his left wrist. The court upheld the conviction under Section 324 IPC (Para 2). D) Criminal Law - Criminal Intimidation - Section 506(II) IPC - Threatening witnesses - After the assault, the appellant intimidated all persons in the classroom and fled. The court found the evidence sufficient to sustain the conviction under Section 506(II) IPC (Para 2).
Issue of Consideration
Whether the conviction and sentence of the appellant under Sections 449, 294(b), 324, 302 and 506(II) IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of conviction and sentence passed by the Additional Sessions Judge, (Fast Track Mahila Court), Karur in S.C.No.24 of 2017 dated 01.02.2022 is confirmed.
Law Points
- Murder
- Trespass
- Obscene Acts
- Voluntarily Causing Hurt
- Criminal Intimidation
- Credibility of Eyewitness
- Circumstantial Evidence
- Motive
- Medical Evidence
- Sentence
