Marana Goundan vs Emperor
(1941) 1 MLJ 364
Case Summary
[Voluntarily Causing Hurt]
[Culpable Homicide]
Facts
The appellant, Maran Goundan, was convicted under Section 304(2) of the Indian Penal Code (IPC) for causing the death of Karuppa Chuckli by kicking him on the abdomen.
The incident arose from a dispute over one anna that the deceased owed to the appellant. When repayment was delayed, the appellant kicked the deceased twice in the abdomen while remarking, "How long am I to wait?"
The deceased collapsed and died soon after. The cause of death was found to be shock due to the kicking.
There were no external or internal injury marks, which made it difficult to establish the appellant's intention or knowledge of causing life-threatening harm.
The evidence included the testimony of P.W. 7 (a disinterested witness), P.W. 4 (the widow of the deceased), and P.W. 5 (who was informed immediately after the incident). The appellant's claim that he only pushed the deceased was deemed incredible.
Issues
Did the appellant's actions amount to culpable homicide under Section 304(2) IPC?
Should the appellant be convicted for a lesser offense under Section 323 IPC for voluntarily causing hurt?
Key Legal Provisions
Section 304(2), IPC: Deals with culpable homicide not amounting to murder where the act is done with knowledge that it is likely to cause death but without any intention to cause death or such bodily injury likely to cause death.
Section 323, IPC: Punishes voluntary causing of hurt with imprisonment up to one year, fine, or both.
Judgement
The court noted that:
The death was caused by shock due to the kicking.
There was no external or internal injury, and the appellant neither intended nor knew that his act was likely to endanger life.
Conviction under Section 304(2) IPC could not be sustained.
The court reduced the conviction to Section 323, IPC, observing that the act amounted to voluntarily causing hurt.
The appellant's sentence was revised to rigorous imprisonment for one year under Section 323, IPC.
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