IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Santhakumari @ Santha, W/o. Vasu – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
K.V. JAYAKUMAR, J.
This Criminal Appeal is directed against the judgment of the learned 1st Additional District & Sessions Judge, Manjeri in S.C. No.409 of 2013.
2. The appellant/accused, Santha Kumari @ Santha, is the sole accused in this case. The offences alleged against the appellant/accused were under Sections 449, 302, 394 and 201 of the erstwhile Indian Penal Code. The learned Sessions Judge, as per the impugned judgment, convicted and sentenced the accused to imprisonment for life under Section 302 of the Indian Penal Code.
The prosecution case
3. The prosecution case, in a nutshell is that, on 04.03.2013, in between 1 p.m and 2 p.m, the accused, Santhakumari, trespassed into the house of the deceased Kunjilakshmi Amma, with the criminal intention to rob gold ornaments worn by her, inflicted 28 injuries using MO-1, a chopper, murdered Kunjilakshmi Amma and robbed 4.5 sovereigns of gold ornaments. It is alleged that the accused had sold the aforesaid gold ornaments and discharged her debts and other liabilities. It is further alleged that the appellant/accused washed MO-1 chopper and hid it, so as to cause the disappearance of evidence.
4. On the basis of the FIS lodged
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
(1) Murder – Proof of motive only adds to weight and value of evidence adduced by prosecution.(2) Evidence of a witness ought not be rejected only on the ground that he is a relative of injured/decea....
In criminal cases based on circumstantial evidence, the prosecution must prove guilt beyond reasonable doubt, and any reasonable doubt must benefit the accused.
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
The necessity for the prosecution to prove guilt beyond reasonable doubt in cases relying on circumstantial evidence, and the importance of establishing a clear connection between the accused and the....
Point of law : whenever the charge is framed for higher offence, the Court retains the power to convict an accused for a lesser offence even in the absence of a charge being framed for lesser offence....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
The principle that circumstantial evidence must form a complete chain leading to the guilt of the accused, with no reasonable doubt remaining, was emphasized, highlighting the necessity for the prose....
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