ABHAY S. OKA, UJJAL BHUYAN
Agniraj – Appellant
Versus
State through Deputy Superintendent of Police CB-CID – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL BACKGROUND
1. These appeals have been filed against the judgment dated 21st March 2019, of the High Court of Madras at Madurai. The impugned judgment upheld the conviction of the Accused Nos. 1 to 11 for the offences punishable under Sections 302 and 307 read with Section 149 of the Indian Penal Code, 1860 (for short, ‘the IPC’), and Section 3(1) of the Tamil Nadu Prevention of Damage to Public Property Act. The Accused Nos. 1 and 9 to 11 have also been convicted under Section 147 of the IPC, while Accused Nos. 2 to 8 have been convicted under Section 148 of the IPC. The appellants were sentenced to suffer life imprisonment.
2. A First Information Report (for short, ‘the FIR’) was registered on 14th November 2012 under Sections 147, 148, 307, 302, and 120B of the IPC and Section 3 of the Tamil Nadu Prevention of Damage to Public Property Act against thirty accused persons on a complaint made by PW-1.
3. The prosecution's case is that the family members of Accused No. 1 had occupied the post of President of the Panchayat Board for approximately four decades. In the 2011 elections, the wife of PW-1 won the elections. The brother of PW-1 (Deceased No. 1)
(1) In appropriate cases, Supreme Court can interfere with concurrent findings of Courts when assessment of evidence is vitiated by misreading of evidence - However, this should be done in rare and e....
(1) Murder – When there is ample ocular evidence corroborated by medical evidence, mere non-recovery of weapon from appellant would not materially affect case of prosecution.(2) Article 136 is an ext....
1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
A reasonable doubt is not a mere possible doubt but a fair doubt based upon reasons and common sense – It must grow out of evidence in the case – When a reasonable doubt arises in a matter, benefit o....
(1) Proof of fact – Law does not contemplate stitching pieces of evidence in a watertight manner, for standard of proof in a criminal case is not proof beyond all doubts but only beyond reasonable do....
(1) On the ground of minor inconsistencies, evidence of injured witness cannot be brushed aside.(2) Enmity provides motive to crime and on other, there is a possibility of false implication.(3) Appea....
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
(1) Murder – In a situation when there is a group attack which lasted for only a few minutes, it is unreasonable to expect an eye-witness to recount each fact in mathematical detail.(2) Defective inv....
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.