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R. SUBRAMANIAN, N. SATHISH KUMAR
Arumugam – Appellant
Versus
State rep. by the Inspector of Police, Samayanallur Police Station, Madurai – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to call for the records relating to the judgment passed in S.C.No.367/2017, dated 21.02.2019, on the file of the learned I Additional District and Sessions Judge, Madurai and set aside the same and acquit the appellant/accused from the charges leveled against him and allow the appeal.)
R. Subramanian, J. & N. Sathish Kumar, J.
1. This appeal has been filed by the appellant / sole accused as against the conviction and sentence, dated 21.02.2019, passed in S.C.No. 367 of 2017, by the learned I Additional District and Sessions Judge, Madurai.
2. The appellant/sole accused stood convicted and sentenced to undergo imprisonment, as detailed hereunder:
| Conviction U/s. | Sentence | Fine amount | |
| Accused | 302 IPC | To undergo Life Imprisonment | To pay a fine of Rs.10,000/-, in default, to undergo one year simple imprisonment. |
| 201 IPC | To undergo 5 years Rigorous Imprisonment | To pay a fine of Rs.5,000/-, in default, to undergo 6 months simple imprisonment. |
(Both the sentences were directed to run concurrently.)
3. The brief facts of the prosecution is as follows:
(i) The deceased is the brothe
The admissibility and significance of circumstantial evidence, including extra-judicial confession, recovery of material objects, and finger print evidence, in establishing guilt in a criminal case.
When other evidence are available, non-examination of witness is inconsequential.
The court upheld the conviction for murder based on circumstantial evidence and testimonies indicating continuous domestic abuse, reaffirming that even without direct witnesses, enough evidence exist....
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
Extra-judicial confessions are weak evidence and require corroboration; reliance on such confessions without substantive proof renders convictions unsafe.
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
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