HC sentences brothers to 10 years RI for culpable homicide in Madurai

The court has sentenced them to 10 years rigorous imprisonment for culpable homicide not amounting to murder

The Madurai Bench of the Madras High Court has modified the life sentence imposed by a trial court in Nagercoil on two brothers for killing a man. The court has sentenced them to 10 years rigorous imprisonment for culpable homicide not amounting to murder.

The court was hearing the appeal preferred by Justin and Alvin who were sentenced to life imprisonment by the Additional District and Sessions Court in Nagercoil. The two brothers, on November 29, 2009, attended a marriage ceremony at Ottapanavilai, Madichel

They got into a wordy altercation with one Sindhumon while having food at the function. In the fight, Justin was pushed down in front of others. The case of the prosecution is that this led to enmity between them and on the same day, the brothers stabbed Sindhumon to death.

A Division Bench of Justices J. Nisha Banu and N. Anand Venkatesh observed that the accused and the deceased were not known to each other till the incident took place in the marriage function at the time of having food.

The judges observed that there was no premeditation on the part of the appellants to murder the deceased and it was more a provocation which ultimately ended with the deceased being attacked by the appellants.

There was a quarrel and there was a provocation and hence the facts of the present case can be brought under the first exception to Section 300 of IPC and the appellants are liable to be convicted under Section 304 (i) of IPC, the judges said.