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M. Shammykumar, S/O Narayanan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
C. Pratheep Kumar, J
‘Suspicion’ is a disease. If it is not treated, one becomes blind and the consequence will be disastrous.
These appeals are filed by accused persons 1 and 3 respectively, in Sessions Case No.4 of 2011 on the file of the Special Court for the trial of Offences against Women and Children, Thalassery, against the judgment dated 29.7.2017, finding the 1st accused guilty of the offences under Section 498A, 302 and 201 IPC and the 3rd accused guilty of the offence punishable under Section 498A IPC.
2. The 1st accused is the husband of deceased Remya. The 2nd accused is the brother of 1st accused and the 3rd accused is the mother of the 1st accused. The trial court acquitted the 2nd accused, while convicted accused persons 1 and 3, as stated above.
3. BACKGROUND: The background of the prosecution case is that, on 22.1. 2010 at about 1 p.m., CW1, namely the manager at Everest Lodge, Payyannur Central Bazaar, found that the bolt of the door in room No.204 of the lodge was locked from outside. When he opened the door, he found that a lady aged about 26 years was found hanging from the hook of a fan. It was on 20.1.2010, she along with a male person and a child of a
The court upheld the conviction of the 1st accused for murder based on circumstantial evidence, establishing motive and opportunity, while acquitting him of other charges.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
In circumstantial evidence cases, all links must cohesively establish guilt; doubts in identification and admissibility of evidence impact conviction validity.
Direct eyewitness testimony sufficient for murder conviction under Section 302 IPC despite no motive; absence of motive not fatal if evidence reliable and conclusive.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
The court upheld the conviction for murder based on circumstantial evidence and testimonies indicating continuous domestic abuse, reaffirming that even without direct witnesses, enough evidence exist....
Point of law: Conviction set aside – Murder case - duty is cast upon the prosecution to produce worthwhile evidence to establish the guilt against the accused beyond all reasonable doubt.
Point of Law : Section 101 of the Indian Evidence Act, 1872 reveals that whenever a Court desires to give judgment as to any legal right or liability depend on the existence of facts which he asserts....
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