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QUARREL IS DIFFERENT FROM FIGHT – FIGHT EXPLAINED – CASE ON HAND DOES NOT COME WITHIN THE PURVIEW OF

Dharmalingam vs State Represented by, The Inspector of Police, Maniyachi Police Station, Thoothukudi District – Criminal Appeal (MD) No.398 of 2017 – 21.10.2019 – Justice S.VAIDYANATHAN & Justice N.ANAND VENKATESH JJ – Madurai Bench of Madras High Court.

Points:

  1. Fight is different from Verbal quarrel.

  2. On Facts the case on hand does not come within the purview of exception of murder.

  3. Delay in lodging FIR – when not fatal?

In the above referred judgment, even though the Hon’ble Supreme Court had considered the delay aspect in lodgment of FIR in respect of criminal offences arising out of a motor accident, the same is applicable to other serious offences like the one on hand. Moreover, it is the natural conduct of the witnesses to have taken the deceased first to the hospital and after he was declared to have been brought dead, they had gone to the police station for giving a complaint and therefore there is no delay in lodging the FIR.

Madras High Court after consider the Factual and Legal aspects confirmed the Life sentence of the accused.

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