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C. S. SUDHA
Murukan, S/o. Sankaran – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
In this appeal filed under Section 374(2) Cr.P.C., the appellant who is the accused in S.C.No.495/2010 on the file of the Court of Session, Palakkad, challenges the conviction entered and sentence passed against him for the offence punishable under Section 304 Part-I IPC.
2. The prosecution case is as follows:- Divya, the deceased, is the daughter of the accused. The accused had dissuaded and had issued strict instructions to his daughter not to visit the house of PW5, his first wife. Divya without heeding to his directions, continued to visit the house of PW5. On 25/03/2009 when the accused returned home, he called Divya several times. But Divya without responding to his calls continued playing in the cradle made with saree tied inside the house. Enraged by this, the accused on the said day at 18:30 p.m. strangulated Divya with the saree that was used for tying the cradle. Hence, as per the final report, the accused was alleged to have committed the offence punishable under Section 302 IPC.
3. On the basis of Ext.P1 FIS statement given by PW1, a cousin of the accused on 26/03/2009 at 09:00 a.m., crime no. 108/2009, Kollengode police station was registered by PW20, the Sub
The prosecution must establish a conclusive chain of circumstantial evidence to prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
Point of Law : It is evident that there were skin abrasions on neck - In all likelihood, some kind of skin remnant or blood stain would have been found on safi like towel, if it was used for strangul....
Uncertain medical evidence and unreliable testimony lead to the acquittal in a murder case concerning alleged strangulation of a newborn.
The prosecution must prove charges beyond reasonable doubt; mere suspicion is insufficient for conviction.
In the absence of any corroborating evidence, it would be highly unsafe to the award conviction for committing murder solely on the basis of medical evidence.
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, based on the intention and circumstances of the accused's acti....
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