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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Uma – Appellant
Versus
State Rep. By The Deputy Superintendent Of Police – Respondent
JUDGMENT
SATISH CHANDRA SHARMA, J.
Introduction
1. These appeal(s) assail the correctness of the Final Judgment/Order dated 04.03.2015 passed by the Hon’ble High Court of Madras at Madurai (the “High Court”) in Criminal Appeal (MD) No. 161 of 2011 titled State Vs Uma & Ors. whereby the judgement of acquittal dated 19.10.2010 passed by the Additional Sessions Judge, Fast Track Court No.1, Thoothukudi (the “Trial Court”) in Sessions Case No.300 of 2009, has been reversed and consequently, Appellant No.1/Accused No.1 has been convicted and sentenced to undergo imprisonment for life under Section 120B and 302 of the IPC together with a fine of Rs.10,000/- (Indian Rupees Ten Thousand); and Appellant No.2/Accused No.3 has been convicted and sentenced to undergo imprisonment for life under Section 120B read with 302 of the IPC together with a fine of Rs.10,000/- (Indian Rupees Ten Thousand). Pertinently, Ravi i.e., Accused No.2 was convicted and sentenced to undergo imprisonment for life under Section 120B and 302 of the IPC together with a fine of Rs.10,000/- (Indian Rupees Ten Thousand) (the “Impugned Order”). Ravi i.e., Accused No.2 has assailed the correctness of the Impugned Order befor
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Accused cannot be convicted on the ground of suspicion, no matter how strong it is – There is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be or should be proved’.
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
Circumstantial evidence can sustain a conviction for murder when the accused fails to provide a plausible explanation for the deaths of the victims, establishing guilt beyond reasonable doubt.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The prosecution must conclusively establish guilt through circumstantial evidence, including motive and cause of death, in cases based on circumstantial evidence.
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