ABHAY S. OKA, SANJAY KAROL
Moorthy – Appellant
Versus
State of Tamil Nadu – Respondent
Key Points: - The judgment acquits the appellant and sets aside lower court judgments, holding there was no legal evidence to convict, particularly questioning the reliability of the extra-judicial confession. (!) (!) - Extra-judicial confession is generally a weak piece of evidence, but may sustain a conviction if proven voluntary and truthful, without inducement, with reliability considered, and corroboration if available. (!) (!) - The extra-judicial confession in this case was recorded by a Stranger to the appellant (PW-1) two months after the incident, raising doubts about reliability and making conviction unsustainable. (!) (!) (!) - The prosecution’s evidence regarding the recovery of the dead body and the weapon (stick) at the instance of the appellant, and the identity of the body, was found to be doubtful and not supported by consistent or sufficient legal evidence. (!) (!) (!) (!) - The Court emphasized that there was no independent corroboration and significant inconsistencies in key witnesses, leading to reasonable doubt. (!) (!) (!) - The appellant is acquitted of the offences; bail bonds are cancelled as the appellant is on bail. (!) (!)
JUDGMENT :
Abhay S. Oka, J.
FACTUAL ASPECTS
1. The appellant was convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short, ‘IPC’). He was sentenced to undergo life imprisonment for the offence punishable under Section 302 and rigorous imprisonment for seven years for the offence punishable under Section 201, IPC. Sentences were ordered to run concurrently. The appeal preferred by the appellant has been dismissed by the High Court by the impugned judgment.
2. The deceased Shanthi was the wife of the appellant. According to the prosecution case, the appellant suspected that the deceased had illicit intimacy with one Peethambaram. On 29th May 2006 at about 9:00 p.m., the appellant took the deceased to the bank of Ponnai River and assaulted her with a stick. The said Shanthi succumbed to the injuries. He buried the dead body in the same place. PW Nos.3 and 4 are the parents of the deceased who were enquiring with the appellant about the whereabouts of the deceased. However, the appellant told them that the deceased was missing.
3. The prosecution relied upon the extra-judicial confession made by the appellant before PW-1 Ganesan Perumal in the pre
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.