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B. R. GAVAI, VIKRAM NATH
Stalin @ Satalin Samuvel – Appellant
Versus
State Represented by The Inspector of Police – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. The present appeals challenge the judgment dated 19th February 2009 passed by the Division Bench of the High Court of Judicature at Madras, thereby dismissing the appeals filed by the appellants herein and affirming the judgment dated 14th November 2007 passed by the learned Principal Sessions Judge, Thiruvallur District (hereinafter referred to as “the trial court”), thereby convicting the appellants herein for the offences punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short, “IPC”) and sentencing them to suffer life imprisonment. The trial court further convicted the appellants herein under Section 109 read with Section 201, Section 109 read with Section 182 and Sections 120B and 148 of the IPC and sentenced them to suffer rigorous imprisonment for the different periods under the said Sections.
2. The prosecution story, in brief, is as under:
Deceased M.R. Ravi was carrying on real estate business in Yadaval Street, Padi. He also happened to be the Town Secretary of AIADMK party of Ambattur. It is the prosecution case that accused Nos. 1 and 11 also belonged to the same political party. Accused Nos. 12 to 14 were c
Murder and disappearance of evidence – Reliance cannot be placed on such a TIP which is full of lacuna.
The main legal point established in the judgment is the unreliability of witness identification and the importance of a fair and proper Test Identification Parade (TIP) in corroborating witness testi....
(1) Test Identification Parade (TIP) – TIPs, even if held, cannot be considered in all cases as trustworthy evidence on which conviction of accused can be sustained.(2) TIP conducted in presence of a....
In criminal trials, the prosecution must prove guilt beyond reasonable doubt; delays in Test Identification Parades do not automatically invalidate witness identifications if proper safeguards are ma....
The TIP conducted by the prosecution must be in accordance with the law, and the recovery of evidence must be of substantial value to establish guilt beyond reasonable doubt.
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The central legal point established in the judgment is the importance of reliable eyewitness identification, the admissibility of recovery evidence, and the obligation to disclose crucial reports in ....
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
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