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RAJA VIJAYARAGHAVAN V., P. V. BALAKRISHNAN
Valsalan – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
JUDGMENT :
P.V.BALAKRISHNAN, J.
This appeal is filed by the sole accused in SC No.1900/2013, aggrieved by the conviction and sentence imposed against him under Section 302 IPC by the Additional Sessions Court–VI, Thiruvananthapuram.
2. The prosecution case is that, on 4/11/2011 at about 10.30 am, the accused hacked his wife Esther using a chopper inflicting multiple injuries on her neck and head, inside their house situated in Neduvila and murdered her.
3. In the trial court, the prosecution examined PW1 to PW21 and marked Exhibits P1 to P26 documents and MO1 to MO10. On examining accused under Section 313 Cr.P.C, he denied all the incriminating circumstances appearing against him and pleaded innocence. From the side of the accused, no oral or documentary evidence was adduced. The trial court, on an appreciation of the evidence on record and after hearing both sides, found the accused guilty and convicted him under Section 302 IPC. The accused was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.2 Lakhs under Section 302 IPC. In case of default in payment of fine, the accused was ordered to undergo Rigorous Imprisonment for a period of one year.
4. Heard Adv.D
Circumstantial evidence must form a complete chain linking the accused to the crime, excluding any reasonable hypothesis of innocence, for a conviction under Section 302 IPC.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Circumstantial evidence, including motive and opportunity, confirmed the guilt of the accused for premeditated murder, substantiating conviction under Section 302 IPC.
Criminal Law - Offence of Murder - Theory of last seen together - When time gap in between point of time when both were found together alive and probable timing of death is small than possibility of ....
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
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