GD GOENKA UNIVERSITY

INDIAN PENAL CODE

TOPIC- PALANI POUNDAN vs EMPEROR AIR 1919

Submitted to- PROF. Dr. Prateek Deol

Submitted by- Pratibha Yadav

Course- LLB Hons. 2nd SEM
Enrollment No.- 2200601042
FACTS OF THE CASE-

In the instant case, the accused has been charged with committing
murder of his wife. The prosecution witness admitted that on the
23rd of October 1918, the deceased was found weeping and was
subjected to domestic violence. As per the evidence of the witnesses,
the mother and the brother of the accused were found in the vassal,
and that the mother was remonstrating with her son saying, ‘do not
beat a woman’. They also confessed that they did not hear any cries
at that moment, but later, when the accused opened the door, they
found the deceased lying dead on the floor with the ploughshare
lying nearby.
The facts revealed the accused struck his wife a violent blow on the
head with the ploughshare rendering her unconscious and later
intended to create false evidence as to the cause of death,
considering her to be dead, trying to conceal his own crime.
In order to prevent himself from being charged, the accused and his
mother attempted to narrate a false version of the occurrence of the
crime which was impossible to believe as the medical evidence
clearly stated that the woman had received a severe blow on the
side of her head, which would probably have rendered her
unconscious, and also shows that she died of strangulation, which
may have been the effect of hanging.

ISSUES-

Whether the act of accused amounts to murder under Section 300 of

the Indian Penal Code, 1860?
Whether the accused had an intention of causing murder?
Whether it can convict the accused of culpable homicide under
Section 299 of the Indian Penal Code?
JUDGEMENT OF THE CASE-

The Hon'ble High Court overruled the judgement of the sessions

court and held that the accused will not be held liable for murder or
culpable homicide. He will instead be held liable only for the grievous
hurt caused when using the ploughshare to hit the victim and for
tampering with evidence.
The case was being tried in the Sessions Court where it was held that
the accused is to be liable for committing murder of his wife as per
Section 300 of Indian Penal Code, 1860. Further on appeal, the
Honorable Madras High court overruled the judgment passed by the
Sessions Court and held that the accused was not be charged for
murder or culpable homicide.

Conclusion-

No mens rea was being found on the part of the accused. Therefore
judgement of the session court was being overruled by the
honorable high court and was held that the accused cannot be
convicted either of murder or culpable homicide.