P. B. SURESH KUMAR, JOBIN SEBASTIAN
SUNEESH @ SUDHEESH @ MONAI S/O SURENDRAN – Appellant
Versus
STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent
JUDGMENT :
JOBIN SEBASTIAN, J.
1. The sole accused in S.C. No. 951/2014 on the file of Additional Sessions Court-III, Kollam, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against him for offence punishable under Section 302 of the Indian Penal Code.
2. The facts of the case in brief are as follows:
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The prosecution failed to establish a strong motive and sufficient circumstantial evidence to uphold a murder conviction, leading to the acquittal of the accused.
Circumstantial evidence must form a complete and unbroken chain leading to the accused's guilt, excluding all reasonable hypotheses of innocence.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
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 ....
Section 304 Part II IPC relates to punishment but without any intention to cause death.
Circumstantial evidence must form a complete chain leading to the accused's guilt, excluding any reasonable hypothesis of innocence, to sustain a 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 ....
The last seen theory establishes that when an accused is the last person with the deceased, they are burdened to explain the circumstances of death. Circumstantial evidence must be compelling to conf....
The testimony of close relatives in domestic crimes is valid and can establish guilt when consistent and corroborated by medical evidence; intention to kill may be inferred from the nature of the att....
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