A sessions judge submitted a report to the Madurai Bench of the Madras High Court on Monday explaining that his order convicting the accused in a murder case under Section 302 of IPC was due to an oversight.
A Division Bench of Justices S. Vaidyanathan and N. Anand Venkatesh took cognisance of the explanation submitted by the Additional District and Sessions Judge, Virudhunagar, and observed that after going through the sessions court judgment, it could be seen that the sessions judge did not intend to convict them under Section 302 (Murder) of IPC.
‘Inadvertent mistake’
The court said it was an inadvertent mistake and that had the judge convicted the accused under Section 304 (1) (Punishment for culpable homicide not amounting to murder), things would have fallen in place. It said that to err was human.
The court adjourned hearing to October 22 to decide if it could continue to hear the appeal filed by the accused. Earlier, the court was taken aback by the order of the lower court that had awarded a sentence 10 and seven years respectively to the accused after convicting them under Section 302.
The High Court Bench observed that Section 302 of IPC specifically provides that whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to pay a fine. It sought an explanation from the judge.
