IN RE: DEVASAHAYAM Vs. STATE

JUDGEMENT

(1.) THE appellant, one Devasahyam, was charged with the murder of a seven year old boy namely Lakshmanan, by causing him hurt with some kind of an iron tool. The learned Sessions Judge of Ramanathapuram at Mathurai convicted the appellant under Section 325, Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years.

(2.) I might state immediately and tersely, after having scrutinised the entire record with some care, that the conviction is not sustainable. This is clearly a case of an accident, within the scope of Section 80, Indian Penal Code and no offence is really involved. Even if there was some slight negligence on the part of the accused, on the occasion in question, which led to the tragic death of the boy it would appear to amount only to an actionable wrong, for which a claim in damages might perhaps be sustained against the appellant. Even Section 304 -A of the Indian Penal Code does not appear to apply.

(3.) SUBSEQUENTLY , the accused describes his ineffectual attempts to revive the boy, the arrival of one Oomayan, how they found that life was extinct and how ultimately Oomayan placed the body in the boat kept in the mill compound, in order to screen the accused. The later conduct of the accused, however reprehensible, was due to sheer cowardice, and does not affect the substance of the charge against him.