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2023 Supreme(SC) 1215

B. R. GAVAI, DIPANKAR DATTA, ARAVIND KUMAR
Sekaran – Appellant
Versus
State Of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Basant R, Sr. Adv. Mr. M Gireesh Kumar, Adv. Mr. Ankur S Kulkarni, Adv. Mr. Vijay Kumar, AOR Mr. Sarath S Janardanan, Adv. Ms. Shalaka Srivasatava, Adv.
For the Respondent(s): Dr. Joseph Aristotle S., AOR Ms. Shubhi Bhardwaj, Adv.

Judgement Key Points

What is the standard for evaluating whether to discard or rely on conflicting evidence when it is inseparable from the prosecution's substratum? What is the effect of delayed lodging of an FIR on the credibility of the prosecution and the sufficiency of evidence in a case of culpable homicide not amounting to murder? What are the circumstances under which an appellate court may convict based on partially credible evidence and how should it treat unexamined or unavailable vital witnesses?

Key Points: - The Court may discard evidence in its entirety if inseparable from the substratum of the prosecution version. (!) - Mere delay in FIR is not automatically fatal; it must be weighed against attending circumstances to assess credibility. (!) (!) - Appellate courts can convict on credible portions of evidence but must separate grain from chaff and consider overall circumstances; absence of key witnesses weakens prosecution. (!) (!) (!) - Belated reporting and lack of medical corroboration can cast doubt on causation and the appellant's involvement. (!) (!) (!) - Eyewitnesses’ reliability and the absence of independent corroboration (Ponnaian and Velukutti) undermine the case. (!) (!) - The High Court’s conclusion of culpable homicide not amounting to murder was reversed; acquittal was ordered. (!) (!)

What is the standard for evaluating whether to discard or rely on conflicting evidence when it is inseparable from the prosecution's substratum?

What is the effect of delayed lodging of an FIR on the credibility of the prosecution and the sufficiency of evidence in a case of culpable homicide not amounting to murder?

What are the circumstances under which an appellate court may convict based on partially credible evidence and how should it treat unexamined or unavailable vital witnesses?


JUDGMENT : .

DIPANKAR DATTA, J.

The Challenge

1. The Principal Sessions Judge, Kanyakumari District at Nagercoil, vide judgment and order dated 22nd March 2002, convicted the appellant for committing murder and sentenced him to life in prison together with fine of Rs.1000/-, in default to undergo rigorous imprisonment for 6 (six) months. Aggrieved thereby, the appellant invoked the jurisdiction of the Madras High Court, Madurai Bench, under section 374(2) of the Code of Criminal Procedure, 1973. The High Court, vide judgment and order dated 12th November 2009, allowed the appeal in part. The appellant was convicted for an offence under section 304-Part II, of the Indian Penal Code, 1860 (“IPC”, hereafter) and sentenced to five years’ rigorous imprisonment. Still dissatisfied, the judgment and order of the High Court has been carried by the appellant in appeal before this Court.

Prosecution Case

2. The prosecution case is that the victim, Palas, and his wife (PW-3) after returning from their respective jobs on 12th March, 1996, had been to a tea stall run by Velukutti (not examined). At the tea stall were present Ponnaian (not examined) and Wilson (PW-2). In their presence, Palas had dem

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