AIR 1953 MADRAS 239

Madras High Court

Hon'ble Judge(s): Somasundaram, Basheer Ahmed Sayeed , JJ

Penal Code (45 of 1860) , S.300, S.325— B rendered unconscious by blow from A - Taking B to be dead A hanging B by rope - Death caused by hanging - Offence not murder. A dealt a blow on his wife B who was thereby rendered unconscious. Thinking B to be dead, A tied her by a rope and hanged her to a beam in order to create false evidence. In the trial of A for murdering B, it was proved that B's death was caused, not by the blow, but by the hanging. Held that as A did not intend to cause B's death by hanging and he was only hanging a body which was dead already according to his belief, in order to make it appear that the woman got herself hanged by the rope and died as a result thereof, the offence that A had committed would be one of grievous hurt falling under S.325, I.P.C., and not an offence of murder punishable under S.302: ILR 42 Mad 547 Foll.(Para 6) Anno : I.P.C., S.300 N.4 S.325 N.2. .....