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2013 Supreme(Mad) 1443

K.N.BASHA, P.DEVADASS
Muthu – Appellant
Versus
State by The Inspector of Police, Uthiramerur Police Station, Kanchipuram District – Respondent


Advocates Appeared:
For the Petitioner:M.G. Udhaya Shankar, Advocate.
For the Respondent: V.M.R. Rajendran, Addl. Public Prosecutor.

JUDGMENT

P. Devadass, J.

The accused, who was sentenced to life u/s.302 IPC in the Sessions case in SC.No.28/2011 by the learned Sessions Judge No.II, Kanchipuram, seeks suspension of his said sentence.

2. Deceased Viji is alleged to have developed illegal intimacy with P.W.4, Pachaiammal, wife of the accused. On 28.11.2010, the deceased was murdered. For this, prosecution has prosecuted the accused.

3. There is no eye-witness to the killing. Prosecution sought to prove the case through circumstantial evidence.

4. Each circumstance must be 'incriminating' in nature. It must be 'proved'. The totality of such proved circumstances must form a 'complete chain' without any 'missing link' unerringly proceeding towards the accused as 'the author of the offence committed' [See NAVARASU MURDER CASE – INSPECTOR OF POLICE, TAMILNADU Vs. JOHN DEVID (2011(3) CTC 104), SK.YOSUF Vs. STATE OF WEST BENGAL (2011(3)SCC(cvi)620) and THIRUPATHI Vs. INSPECTOR OF POLICE, MAYANUR (2012 MLJ (Crl)289)].

5. The Sessions Judge No-II, Kanchipuram relied on the extra-judicial confession of the accused to P.W.4 Pachaiammal, statement of the accused recorded under Section 27 of the Evidence Act and the 'discovery



























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