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1 - 10 of 12 (0.19 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Subramaniam vs State Of Tamil Nadu & Anr on 13 May, 2009
If we consider the position of the external
injuries, then those were around nose, nasal area, face. There
was also external injury to both the thighs. Therefore, when
there were such injuries, then it cannot be said that the
smothering was result of any other cause. The distinction that
has been drawn on the basis of noted book on Medical
Jurisprudence by Modi in Subramaniam vs. State of Tamil
Nadu and another (supra) is binding on this Court, but in the
said case itself on the basis of same book, the distinction has
been drawn when there are bruises and abrasions in or around
nasal area, lips, mouth etc. In specific words, therefore, PW-5
Dr. Ganesh has stated that the death of Savitra was homicidal in
nature. It is also to be noted that this expert has admitted that
in rare condition in epilepsy, smothering may occur and if the
attack of epilepsy is suffered during sleeping condition then
there is possibility of smothering if the body is in prone
appeal-576.18+
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condition. A suggestion was tried to be given to PW-2 Saraswati
that Savitra was suffering from epileptic attacks. She has denied
the said suggestion. There is absolutely no evidence on record
adduced by the accused to show that Savitra was suffering from
epilepsy. If the epilepsy attack was there at the intervening
night, then how the accused persons came to know about it and
whether they had made any attempt to take Savitra to hospital,
would be the consequential questions, to which we do not find
any answer. It is not suggested to PW-2 Saraswati and PW-4
Shankar that Savitra was under medical treatment of a doctor
for the illness of epilepsy. Since when she was suffering, is also
not suggested. Even PW-5 Dr. Ganesh says that in rare condition
smothering may occur in epilepsy patient. But what was that
rare condition has not been suggested or extracted so as to
bring it on record that similar condition existed. Under the said
circumstance, the accused persons have failed to take out the
case from homicidal death to natural. From the evidence that is
adduced by the prosecution, there is sufficient evidence on
record to support the prosecution case that death of Savitra was
homicidal in nature.