Case – Palani Goundan v. Emperor, 1919
Fact
Palani Goundan struck a violent blow on the head of his wife Ramayee with a ploughshare. She became senseless and faint away. He believed her to be dead, and in order to lay the foundation for a false defence of suicide by hanging, which he afterwards set up, proceeded to hang her on a beam by a rope.
In fact, the first blow was not a fatal one, and the cause of death was asphyxiation by hanging, which was the act of the accused. The accused did not intend to cause death. He intended to cause bodily injury. It was not shown that the blow was likely to cause death.
Issue
Whether Palani Goundan convicted for culpable homicide/murder for causing the death of his wife?
Whether Palani committed offence of grievous hurt and offence of concealing evidence?
Contentions and Judgement
- That a man is not guilty of culpable homicide if his intention was directed only to what he believed to be a lifeless body.
- The accused cannot be convicted either for murder or culpable homicide. He can, of course, be punished both for his original assault on his wife and for his attempt to create false evidence by hanging her.
- The conclusion is irresistible that the intention of the accused must be judged, not in the light of the actual circumstances, but in the light of what he supposed to be the circumstances.
- The court convicted the accused of grievous hurt under section 326, IPC and concealing for evidence under section 201, IPC.
