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RAJA VIJAYARAGHAVAN V., G. GIRISH
Jayan @ Jayakumar – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
This appeal has been preferred challenging the finding of guilt, conviction, and sentence passed by the Special Judge for the Trial of Offences against Women and Children, Thalassery, in S.C.No. 591 of 2009. In the above case, the appellant herein was indicted for having committed offences punishable under Sections 302, 201 of the IPC.
2. Short facts:
a) The appellant herein and his wife, Sindhu, were residing in House No. VIII/46 of Cherupuzha Panchayat for about 2 years prior to 28.7.2008, on which day, the incident which led to the death of Sindhu had taken place. Sindhu, in fact, was married to another man and she had two children in the said marriage. However, she got acquainted with the appellant and started residing with him after getting their marriage solemnised in a temple. The appellant was a mason by profession and Sindhu used to function as the Secretary of the Kudumbasree of the local unit.
b) PWs 1 to 3 are nearby residents. PW1, a person by name Somanathan, was originally a resident of Ponkunnam, Kottayam, the same place where the appellant also hails from. Their acquaintance date back to the period when they used to reside at Ponkunna
Extrajudicial confessions, if voluntary and corroborated by circumstantial evidence, can support a conviction for murder.
The main legal point established in the judgment is the reliance on circumstantial evidence, including bloodstains on the accused's clothing matching the victims' blood groups, to establish guilt in ....
The conviction must be based on a complete and reliable chain of circumstantial evidence, where extrajudicial confessions cannot solely establish guilt without corroboration.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
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