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Tamil Nadu: Court commutes sentence of two brothers from life term to 10 years RI for culpable homicide

The court observed that the crime was not premediated murder committed after careful thought and planning. Instead it was a question of provocation on the spot which left the two brothers angry and in that state of mind they killed the victim, hence it commuted their sentence from life term to RI.

Mirror Now Digital

Updated Oct 3, 2022, 20:29 IST

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Photo : IANS

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

The two brothers Justin and Alvin who had filed the writ in the High Court after they were sentenced to life imprisonment by the Additional District and Sessions Court in Nagercoil.

The incident happened on November 29, 2009, when the two brothers attended a marriage ceremony at Ottapanavilai, Madichel, The Hindu reported.

There they got into an altercation with one Sindhumon while having food at the function. The argument soon escalated into a fist fight. In the fight Justin was pushed down by Sindhumon in front of the other guests. The prosecution said that this alteration left the two brothers fuming and later on the same day, the brothers got hold of Sindhumon and stabbed him to death.

After hearing the plea, the 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 at the marriage function right up to the time when the altercation took place at the time of having dinner.

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

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.

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