Case Note & Summary
The appellant, Gunasekaran, was convicted by the trial court for murder under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment and a fine. The case arose from a complaint by the sister of the deceased Suriyakumari. The prosecution alleged that the deceased had borrowed money from the appellant and developed an illicit relationship with him. The appellant's wife complained to the police, leading to both being summoned to the police station. The deceased's family assured repayment of the money and cessation of the relationship. The appellant requested the deceased to accompany him to Mumbai, which she refused, wanting to care for her children. Her husband, upon learning of the affair, sent her to her parental home. On 23 April 2015, the deceased informed her sister that the appellant was continuously troubling her. They decided to consult an astrologer. Later that evening, at about 8.15 p.m., both the complainant and the deceased were together, but the occurrence of the murder is not detailed in the provided excerpt. The trial court, in S.C. No. 4 of 2016, convicted the appellant and imposed the sentence. The appellant preferred the present criminal appeal under Section 374 of the Criminal Procedure Code, 1973 (Cr.P.C.) before the Madurai Bench of the Madras High Court. The legal issues, arguments of counsel, court's analysis, and final decision are not available in the extracted portion of the judgment.
Issue of Consideration
Case Details
2025 LawText (MAD) (02) 28
Dr. Justice G. Jayachandran, Ms. Justice R. Poornima
Mr. G. Karuppasamy Pandian for Appellant, Mr. A. Thiruvadi Kumar for Respondent
The State rep. by The Inspector of Police, Andipatty Police Station, Theni District
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Nature of Litigation
Criminal appeal against conviction and sentence for murder under Section 302 IPC
Remedy Sought
Appellant seeks to set aside the judgment of conviction dated 25.11.2019 in S.C.No.4 of 2016 and the sentence of life imprisonment and fine
Filing Reason
Conviction by the trial court for the offence of murder based on prosecution evidence
Previous Decisions
The Additional District and Sessions Judge, Fast Track Court, Theni, convicted the appellant in S.C.No.4 of 2016 on 25.11.2019 and sentenced him to life imprisonment and a fine of Rs.10,000/- with default simple imprisonment of two years
Judgment Excerpts
The case of the prosecution in brief is as follows: (a) The complainant is the sister of the deceased Suriyakumari.
On 23.04.2015 at about noon, her sister, deceased Suriyakumari informed the complainant that the accused continuously troubling her.
On, 23.04.15 at about 8.15 p.m., both the complainant and ...
Procedural History
The appellant was tried and convicted by the Additional District and Sessions Judge, Fast Track Court, Theni, in S.C.No.4 of 2016, vide judgment dated 25.11.2019, for offence under Section 302 IPC, and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo two years simple imprisonment. Aggrieved, the appellant filed the present criminal appeal under Section 374 Cr.P.C. before the Madurai Bench of Madras High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): Section 302
- Criminal Procedure Code, 1973 (Cr.P.C.): Section 374
