1990 INSC 0161
                                                     Ramaswami

                                                           Vs

                                                State of Tamil Nadu.

                                        Criminal Appeal No. 248 of 1980

                                       (V. R. Krishna Iyer, D. A. Desai JJ)

                                                      21.03.1990

                                                     JUDGMENT

KRISHNA IYER, J. ­

1. After preliminary hearing we grant leave.

2. A short point as to the nature of the precise offence arises in this case where the son, the
appellant, killed his father, the deceased, on account of domestic squabble arising form the marriage
of the appellant. It is the finding of the Court that this gave rise to domestic tension. The father even
declined to attend the wedding. Be that as it may, the mortal wound was stated to have been caused
by a single sickle blow on the head. It was not fatal and the victim, for a time, survived in the
hospital. Later, surgery was done but, no account of infection, eventually he passed away 10 days
later.

3. These circumstances, read in the light of the surrounding facts, convinces us that the offence is
one under Section 304 Part II, IPC and not under Section 302, IPC. We convert the conviction
accordingly and sentence the appellant to 7 years' RI under Section 304 Part II of the IPC.

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