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G. JAYACHANDRAN, C. KUMARAPPAN
Chinnadurai – Appellant
Versus
State, Rep. by the Inspector of Police, Udayalipatti Police Station, Pudukkottai – Respondent
JUDGMENT :
G. Jayachandran, C. Kumarappan, JJ.
(Prayer: Criminal Revision filed under Section 397 read with Section 401 of Cr.P.C., to call for the records connected with S.C.No.96 of 2017, dated 13.12.2019, on the file of the learned Sessions Judge (Full Additional Charge), Mahila Court, Pudukkottai, and enhance the sentences imposed against the respondents 2 to 5/A1 to A4 in accordance with law.)
1. The appeal is directed against the conviction and sentence passed by the trial Court in S.C.No.96 of 2017, dated13.12.2019.
2. On 29.10.2016 at about 03.00 p.m. in the wine shop at Killukottai Village, the first accused Chinnadurai and the deceased Karthikeyan had a quarrel. The deceased called his friend Arunkumar (P.W.1) over phone and informed him about the quarrel. P.W.1 along with his other friends Veeramani (P.W.2), Ajeethkumar (P.W.3) and Aravind (not examined) all belong to Sengalur Village, came to the wine shop and questioned A1 why he attacked Karthikeyan. On seeing this, Periyarasu (A2), Krishnamorthi @ Moorthi (A3) and Kandavel (A4) all relatives of A1 and residents of Killukottai Village came in support of A1. Thus, the wordy quarrel soon turned into a fist fight. On realis
The central legal point established in the judgment is the requirement for the evidence of injured witnesses to be reliable and free from material contradictions in order to sustain a conviction.
The Court affirmed that the testimony of an injured eyewitness possesses significant evidentiary weight, and the premeditated nature of the attack ruled out claims of sudden provocation, justifying t....
Eyewitness testimony, especially from injured witnesses, is crucial in establishing guilt, and minor inconsistencies do not negate the overall reliability of their accounts.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
Failure to properly examine delay in lodging FIR can be fatal to prosecution.
The significance of the injured witnesses' testimony and the impact of psychological trauma on witnesses were central to the judgment.
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