K.M.NATARAJAN, THANIKKACHALAM
SARASWATHI – Appellant
Versus
STATE OF MADRAS – Respondent
How to determine if extra-judicial confessions can be used to convict a co-accused? What is the standard for convicting a case based on circumstantial evidence without corpus delicti? What is the court's stance on the sufficiency of evidence for conspiracy and murder under IPC sections 120B, 302, 304A?
Key Points: - Accused 2 cannot be convicted on the basis of an extra-judicial confession to P.W.5 due to lack of reliability and absence of independent corroboration (!) . - The court held that conspiracy to murder was not proven by satisfactory evidence; circumstantial evidence did not conclusively establish guilt beyond reasonable doubt (!) (!) . - The prosecution failed to establish murder or 304A (rash/negligent act) against the second accused; no conclusive evidence of Thiopentone administration or correlative death (!) (!) (!) . - Corpus delicti (dead body) was not conclusively established; multiple skulls and absence of direct corpus delicti undermine murder conviction (!) . - Numerous stays and movements of Kala were found to be unproven or falsified by documentary evidence; identification and witness reliability issues undermined key allegations (!) (!) (!) (!) . - Key witness pacing: Prosecution witnesses (PWs 2, 5, 7-9, 24-25, 64, 71, etc.) were found unreliable or introduced as police witnesses; identification parades and trip sheets were deemed unreliable or falsified (!) (!) (!) (!) (!) . - Trial court’s findings on charges 3 (murder), 4 (conspiracy), 5-7 (removal of body), and 8 (404) were overturned; appeals allowed and acquittals entered; State’s CA 985 dismissed (!) (!) (!) .
K.M. NATARAJAN, J.
( 1 ) C. A. No. 662 of 1986 is directed by accused 3, 5 and 7 in S. C. No. 134 of 1985 on the file of the II Additional Sessions Judge, Salem, while C. A. , No. 669 of 1986 is directed by accused 1 and 4 and C. A. No. 671 of 1986 is directed by the second accused in the above case. C. A. No. 985 of 1986 is by the State against the order of acquittal of accused 1 to 4 in respect of certain charges framed against them. The appellants in C. A. Nos. 662, 669 and 671 of 1986; hereinafter referred to as accused according to their rank given before the lower court, were tried under nine charges under sections 120b, 364, 302, 120b read with sections 302, 201, 201 read with section 120b, 201 read with section 114 or 109, 404 and 193 I. P. C. on the allegation that in between 5. 4. 1984 and 15. 4. 1984 at Mettur and Salem Town in Salem District and at Vemandapalayam and Nambiyoor in Periyar District all the seven accused hatched a criminal conspiracy in order to murder the deceased Selvi Kala, and in pursuance of, the said conspiracy, all of them abducted her at about 7 A. M. on 13. 4. 1984 from Sales to Nambiyoor, and on the next day (14. 4. 1984) at 8 P. M. th
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.