Case Note & Summary
The present criminal appeal was filed by the sole accused, Balamurugan, challenging the judgment and conviction rendered in S.C.No.116 of 2019 dated 23.09.2021 by the Sessions Judge, Mahalir Court (Fast Track Mahila Court), Thoothukudi. The prosecution case was that on 23.01.2019, a wordy quarrel occurred between the accused and P.W.1, Kaleeswari, the granddaughter of the deceased Arumuga Perumal. The accused, provoked by P.W.1 reprimanding her children, got into an altercation. At about 4.30 p.m., when P.W.1 went to purchase groceries, the accused followed her with an aruval. P.W.1 was alerted by P.W.2 and P.W.3. The deceased, who intervened to prevent the assault, was attacked by the accused. The accused abused P.W.1, then attacked the deceased with the aruval; the deceased raised his left forearm to protect his head and sustained an injury. The accused again attacked the deceased on his head with the aruval, causing a grievous injury. The deceased was taken to the hospital immediately but succumbed to the injuries on 03.02.2019 after 12 days of treatment. The accused also threatened the witnesses with dire consequences, leading to a charge under Section 506(ii) of the Indian Penal Code. The trial court framed charges under Section 4 of the Tamil Nadu Prevention of Women from Harassment Act, Section 302 and Section 506(ii) of the Indian Penal Code, and convicted the accused. The appellant, aggrieved by the conviction and sentence, filed the present appeal under Section 374 of the Code of Criminal Procedure, 1973, seeking to set aside the conviction. The arguments and the court’s analysis on the merits of the appeal were not included in the provided excerpt, and the final decision of the High Court was not available.
Issue of Consideration
CRL.A(MD)No.242 of 2022
