PARUSURAMAN @ VELLADURAI AND OTHERS versus STATE OF TAMIL NADU

PARUSURAMAN @ VELLADURAI AND OTHERS versus STATE OF TAMIL NADU

The Supreme Court held that the injuries and circumstances showed intention to cause grievous hurt rather than death, and therefore the convictions under Section 304 Part I read with Section 34, IPC were set aside and the appellants were convicted under Section 325 read with Section 34, IPC; the sentences were modified to imprisonment already undergone and a fine of Rs.7,000 each payable to the deceased's father/mother or, if none surviving, to his sister, with default leading to rigorous imprisonment for five years.

Parties
Appellant: Parusuraman @ Velladurai; Appellant: Karuppaiah; Appellant: Nagasundaram; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
11 September 1991
Procedural Posture
Criminal Appeal No. 393 of 1979 / Appeal to the Supreme Court Via Special Leave Petition Against the Judgment of the Tamil Nadu High Court
Outcome
Appeal disposed of; conviction under Section 304 Part I read with Section 34 IPC set aside and substituted with conviction under Section 325 read with Section 34 IPC; sentence modified.
Legal Topics
Offences Under Indian Penal Code, Grievous Hurt (section 325 Ipc), Murder Vs Lesser Offence (section 304 Part I Ipc), Joint Liability (section 34 Ipc), Sentencing and Fine Payable to Victim's Family
Criminal Law Offences Under Indian Penal Code Grievous Hurt (section 325 Ipc) Murder Vs Lesser Offence (section 304 Part I Ipc) Joint Liability (section 34 Ipc) Sentencing and Fine Payable to Victim's Family

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 1 Amounts and remedies 3
Sign in to unlock

Parties

Parusuraman @ Velladurai

Appellant

Karuppaiah

Appellant

Nagasundaram

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Criminal Appeal No. 393 of 1979 / Appeal to the Supreme Court Via Special Leave Petition Against the Judgment of the Tamil Nadu High Court

Legal Issues

  1. 1 Whether the appellants intended to cause death or only to cause grievous hurt
  2. 2 Whether conviction under Section 304 Part I read with Section 34 IPC should be altered to Section 325 read with Section 34 IPC

Ratio Decidendi

The Supreme Court held that the injuries and circumstances showed intention to cause grievous hurt rather than death, and therefore the convictions under Section 304 Part I read with Section 34, IPC were set aside and the appellants were convicted under Section 325 read with Section 34, IPC; the sentences were modified to imprisonment already undergone and a fine of Rs.7,000 each payable to the deceased's father/mother or, if none surviving, to his sister, with default leading to rigorous imprisonment for five years.

Court Disposition

Appeal disposed of; conviction under Section 304 Part I read with Section 34 IPC set aside and substituted with conviction under Section 325 read with Section 34 IPC; sentence modified.

Orders

  • Convict appellants under Section 325, I.P.C. read with Section 34, I.P.C.
  • Impose sentence of imprisonment already undergone by the appellants