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2022 Supreme(Mad) 214

A.D.JAGADISH CHANDIRA
V. Subramanian – Appellant
Versus
State rep. by Inspector of Police, Cuddalore – Respondent


Advocates Appeared:
For the Appellants : S. Ashokkumar, Senior Counsel, P. Palaninathan.
For the Respondents:S. Sugendran, Government Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves an appeal against the conviction and sentence in a murder trial, with the appellants challenging the evidence and investigation process (!) (!) .

  2. The prosecution's case was based on eyewitness testimonies, medical reports, chemical analyses, and police investigation records, which collectively established the occurrence of an assault resulting in death (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  3. The investigation involved arresting the accused, seizure of weapons, and conducting post-mortem and chemical analysis, which supported the prosecution's narrative of a violent incident leading to death (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  4. The trial court found the accused guilty based on the evidence, leading to convictions and sentences for various charges including murder, assault, and related offenses (!) (!) (!) .

  5. The defense argued that the investigation was biased, that the genesis of the case was suppressed, and that contradictions and inconsistencies in the prosecution evidence cast doubt on the case's veracity (!) (!) (!) (!) (!) (!) (!) .

  6. The defense also pointed out that injuries sustained by the accused were not explained, and that there was a delay in FIR transmission, which undermined the reliability of the prosecution case (!) (!) (!) (!) (!) .

  7. The prosecution maintained that the evidence proved guilt beyond reasonable doubt, emphasizing the credibility of eyewitness testimonies, medical reports, and police investigation procedures (!) (!) (!) .

  8. The appellate court found significant contradictions, unexplained delays, suppression of evidence, and a biased investigation, leading to the conclusion that the prosecution failed to prove its case beyond reasonable doubt (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  9. As a result, the appellate court acquitted the accused, set aside the conviction and sentences, and ordered the cancellation of bail bonds and refund of any paid fines (!) .

These points encapsulate the core issues, evidence, arguments, and the ultimate judgment as reflected in the document.


JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. against judgment of conviction and sentence passed in S.C.No.156 of 2014 dated 18.12.2018 by the Principal District and Sessions Judge, Cuddalore.)

1. Challenging the judgment of conviction and sentence rendered by the Principal District and Sessions Judge, Cuddalore in S.C.No.156 of 2014, A1 to A5 have preferred the present Criminal Appeal.

2. The appellants/accused stand convicted and sentenced as under:-

Rank of the party

Provision of Conviction

Sentence

A1

304(i) IPC

RI for 10 years with fine of Rs.1000/- i/d SI for one year

A2

323 IPC

SI for 6 months with fine of Rs.500/- i/d SI for one month

A3

324 IPC

SI for one year with fine of Rs.500/- i/d SI for one month

A4

323 IPC

SI for 6 months with fine of Rs.500/- i/d SI for one month

A5

323

IPC SI for 6 months with fine of Rs.500/- i/d SI for one month

3. An animosity between two group of persons viz., accused and the victims in the prosecution witnesses on account of help of one Sanjeevi (since deceased) and

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