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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE RAJA VIJAYARAGHAVAN V, MR.JUSTICE VIJU ABRAHAM, JJ
Kaliraja S/o. R. Thangam – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
(Raja Vijayaraghavan, J.)
The appellant is the accused in S.C. No. 303 of 2016, on the file of the Additional District and Sessions Judge, Pala. In the said case, he was indicted for having committed offences punishable under Sections 302 and 201 of the Indian Penal Code . By the impugned judgment, he was found guilty and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,00,000/-, with a default clause, for the offence punishable under Section 302 of the IPC . He was also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/-, with a default clause for the offence under Section 201 of the IPC . The substantive sentences were ordered to run concurrently.
2. The deceased, Ramar, was a stone cutter by profession. He, along with his father Alakar Swami (PW8), Easki (PW6), the brother of the deceased, and the appellant, worked under a contractor named Sidique (PW1) and they all worked in the property of one Murali (PW2). All of them resided in a rented house owned by one Sasi, which was provided for housing the employees. According to the prosecution, on 24.01.2016, PWs 6 and 8 left for their native place in Tami
Circumstantial evidence must form a complete chain excluding reasonable doubt, and extra-judicial confessions require corroboration but can suffice for conviction if credible.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
The prosecution must prove guilt beyond reasonable doubt; reliance on circumstantial evidence requires an unbroken chain linking the accused to the crime.
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