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RAJA VIJAYARAGHAVAN V, P. V. BALAKRISHNAN
P. C. Lalitha, W/o. Chandrashekara Gowda – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
The appellants, a mother and her son, were the 1st and 2nd accused in S.C. No. 520 of 2013 before the Additional Sessions Judge-III, Kasaragod. They were charged with the murder of the 1st appellant’s husband’s brother. By the impugned judgment, they were found guilty under Section 302 of the Indian Penal Code and sentenced to life imprisonment, along with a fine of ?50,000 each, with a default clause.
Brief Statement of Facts:
2. The 1st appellant is the wife of Chandrashekhara Gowda, and the deceased, Mudhappa Gowda, is the brother of Chandrashekhara Gowda. It appears that there was a dispute between the deceased and the appellant regarding the drawing of water from a pond situated near the house of the deceased. As per the charge, on 04.03.2011 at 6:15 p.m., the appellants proceeded to the property of the deceased to draw water from the pond. The prosecution alleges that a dispute occurred between the parties and the 1st appellant, who was allegedly armed with a chopper, inflicted a cut injury on the head and other parts of the body of the deceased, while the 2nd appellant attacked the deceased with a rafter, causing injuries.
3. Hearing the c
A conviction in a murder case cannot be sustained on unreliable eyewitness testimony, and the prosecution must establish guilt beyond a reasonable doubt.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
Point of law : Veracity of the evidence of the said witness cannot be doubted merely because of that reason. Manner of reaction of people cannot be imagined precisely, as the nature of human conduct ....
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 ....
The court affirmed that child witness testimony, when corroborated by adult witnesses, can be sufficient for conviction in murder cases, emphasizing careful scrutiny of such evidence.
Murder – Conviction solely based on recovery would not be tenable.
The reliability of an injured eye-witness testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
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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