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2012 Supreme(SC) 367

A.K.PATNAIK, SWATANTER KUMAR
Sahadevan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K. V. Viswanathan, Sr. Adv., B. Ragunath, Jaishree Viswanathan, T. Sakthi Kumaran, Vijay Kumar and Abhishek Kaushik, Advs.
For Respondents/Defendant: B. Balaji, Adv.

Judgement Key Points

Key Points: - Prosecution must prove complete chain of events in a circumstantial case; last seen alone is insufficient (!) (!) (!) (!) - Extrajudicial confession is a weak piece of evidence and must be voluntary, true, corroborated, and credible; may form basis of conviction only with cogent corroboration (!) (!) (!) (!) - Extent of reliance on Ext. P-4 extrajudicial confession is scrutinized; if it has material discrepancies or lacks corroboration, conviction may be set aside (!) (!) - If prosecution evidence is unreliable or inconsistent, higher courts may acquit and extend benefits to non-appealing accused under constitutional powers (Article 142/136) to ensure justice; set precedent for extending acquittal to co-accused (!) (!) (!) - Time of death and medical/ocular evidence must coherently support the chain of events; contradictions can undermine conviction (!) (!) (!) - Recoveries made under Section 27 of Evidence Act require lawful, corroborated linkage to the crime; lack of corroboration can weaken evidence (!) (!)

What is the admissibility and evidentiary value of an extrajudicial confession in a case based on circumstantial evidence?

What is the role and sufficiency of the last seen theory in establishing guilt in a circumstantial case?

What remedy does the Supreme Court provide when the prosecution evidence is unreliable or inconsistent, including extending acquittal or benefits to non-appealing accused?


JUDGMENT

Swatanter Kumar, J.

1. The present appeal is directed against the judgment of the High Court dated 27th September, 2006 vide which the High Court affirmed the judgment of conviction and order of sentence dated 31st December, 2003 passed by the Trial Court. The prosecution case is that Smt. Kamalal, PW-2 was married to one Yoganandan @ Loganathan, the deceased. The accused No. 1, Chandran is the brother of Kamalal (PW2), accused No. 2, Sahadevan, and accused No. 3, Arul Murugan, were the friends of accused No. 1. PW2 was being ill-treated by Loganathan, her husband. Being her brother, accused No. 1 thought that if he murdered Loganathan, life of his sister would be peaceful. Thus, accused No. 1 and his friends (the other two accused) entered into a criminal conspiracy to commit murder of Loganathan. According to PW-5, Karuppuswamy, when he was talking to one Chinnaswamy at a three star hotel near the Neruparichal bus stand at about 10 p.m. on 9th July, 2002, he saw Sahadevan driving a TVS moped in Povmmanayakkampallayam road, while two other persons were sitting as pillion riders. The vehicle was proceeding towards west. After a while, one of them came back and again went in






























































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