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P. B. SURESH KUMAR, JOBIN SEBASTIAN
Prakash S/o Ayyappan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Jobin Sebastian, J.
The judgment of conviction and order of sentence passed against the sole accused in S.C. No.701/2018 on the file of the Additional Sessions Court-II, Pathanamthitta, for offences punishable under Sections 449 and 302 of the Indian Penal Code are under challenge in this appeal.
2. The prosecution case in brief is as follows:-
The deceased, named Sankaran, who had a history of animosity with the accused hurled abuses at him from 3.30 p.m. to 5.30 p.m., by standing in the courtyard of one Sreekumari, a relative of the deceased. Due to the said animosity, the accused with an intention to kill Sankaran on 17.03.2018 at 1.30 a.m., trespassed into the work area of the house of Sreekumari bearing registration No. XVIII/2023 of Koduman Panchayat where Sankaran was sleeping in an inebriated state. Thereafter, the accused held both the legs of Sankaran together and inflicted severe cut injuries on the back of both the legs, measuring 15cm and 14cm, above the foot respectively on the right and left legs. As a result of profuse bleeding from those injuries, Sankaran died between 1.30 a.m. and 7.00 a.m., on 17.03.2018. Hence the accuse
Circumstantial evidence must form a complete and unbroken chain leading to the accused's guilt, excluding all reasonable hypotheses of innocence.
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 establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
In a criminal trial based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that excludes every reasonable hypothesis of innocence. Suspicion c....
The main legal point established in the judgment is the reliance on circumstantial evidence to establish the guilt of the accused under IPC Section 302.
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.
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....
The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to convict an accused, as well as the need for the circumstances to lead to onl....
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