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SAJEER @ HABEEB S/O KAMALUDEEN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
JOBIN SEBASTIAN, J.
1. The judgment of conviction and order of sentence passed against accused Nos. 2 to 4 in S.C. No. 1530/2012 on the file of Additional Sessions Court-VI, Thiruvananthapuram, for offences punishable under Sections 120B, 341, 324, and 302 r/w Section 34 of the Indian Penal Code are under challenge in this appeal.
2. The facts of the case in brief are as follows:
The testimony of relatives is not inherently suspect and can be reliable if corroborated by evidence, while conspiracy requires proof of prior agreement, which was lacking in this case.
The conviction based on unreliable witness testimony and unproven motive and conspiracy led to the overturning of the judgment, highlighting the necessity for credible evidence in criminal cases.
The court clarified that common intention under Section 34 IPC requires clear evidence of prearranged plans, leading to the first accused's conviction for culpable homicide under Section 304 while ac....
THE EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The main legal point established in the judgment is the reliability of the evidence of the material witnesses and the intention of the accused persons in causing bodily injury sufficient in the ordin....
The testimony of an injured witness is highly reliable and can form the basis for conviction, especially when corroborated by other eyewitnesses and medical evidence.
Point of Law : When there are eyewitnesses to prove the charge, failure on the part of the prosecution to establish every link in the chain of circumstance would become irrelevant.
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