Back
S. VAIDYANATHAN, A. D. JAGADISH CHANDIRA
Siva – Appellant
Versus
State by Inspector of Police, Vellore – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. to set aside the judgment of the Additional District and Sessions Judge, Fast Track Court, Vellore made in S.C.No.90 of 2017 dated 11.9.2018 and acquit the appellant/single accused from the charges.)
S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.
1. The Appeal has been filed seeking to set aside the order dated 11.9.2018 passed by the Additional District and Sessions Judge, Fast Track Court, Vellore made in S.C.No.90 of 2017.
2. The appellant stands convicted and sentenced as under:-
Legal Provision
Sentence
302 IPC
Life imprisonment with fine of Rs.2000/- in default to undergo rigorous imprisonment for another period of one year
352 IPC
Simple imprisonment for 3 months.
3. Brief facts of the prosecution case:-
i) A complaint, Ex.P1 came to be filed by one Poongodi (PW1) of Valathur in Kanchipuram Taluk, the crux of which is as under:-
She is the niece of one Chinnaponnu (the deceased). The said Chinnaponnu (the deceased) was living with the appellant/accused for about two years at Thiruparkuttai and she had no issues. PW1 came to know from her aunt (the deceased) that the appellant/accused was already a married man
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
The use of statements recorded under Section 164 Cr.P.C. as evidence is limited to corroboration or contradiction, and in the absence of substantial evidence, such statements cannot sustain a convict....
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
Offence of Murder – Conviction upheld - Unbroken chain of circumstances unerringly pointing to the guilt of the accused - Chemical analysis report also supports the prosecution case thus providing sc....
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
