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C. V. KARTHIKEYAN, R. POORNIMA
R. Chinnapitchai (Died) Muthu – Appellant
Versus
State – Respondent
JUDGMENT :
(Judgment of this Court was delivered by C.V.KARTHIKEYAN, J.)
PRAYER: Criminal Appeal filed under Section 372 of the Criminal Procedure Code, to call for the records pertaining to the acquittal order passed in S.C.No.144 of 2012 on the file of the Additional District and Sessions Court, Virudhunagar dated 02.02.2019 and to set aside the same as illegal and convict the accused.
The Criminal Appeal had been filed by the father of the deceased, Ramachandran, for whose alleged murder, the 2nd to 8th respondents/A1-A4 and A6-A8 and also the deceased, A5, stood trial before the Additional District and Sessions Court, Virudhunagar in S.C.No.144 of 2012.
2. By judgment dated 02.02.2019, all the accused were acquitted of all the charges. Questioning that particular judgment, the appellant, as victim and father of the deceased, Ramachandran had filed the present Criminal Appeal under Section 372 Cr.P.C.
3. Pending the appeal, the appellant died and his daughter, Muthu, sister of the deceased, Ramachandran had filed Crl.M.P.(MD)No.8765 of 2022 seeking permission to continue the appeal and to be substituted as appellant. That petition was ordered by a coordinate Division Bench of this Co
In criminal cases, the prosecution must prove guilt beyond reasonable doubt, and failure to explain injuries to the accused can lead to acquittal.
The judgment underscores the principle that an acquittal should not be overturned without compelling evidence, emphasizing the importance of consistent and reliable witness testimonies in criminal ca....
The appellate court overturned the acquittal of the accused by establishing that reliable eyewitness and medical evidence confirmed their formation of an unlawful assembly leading to murder.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
The main legal point established in the judgment is the need for reliability and consistency in witness testimonies and evidence presented by the prosecution to establish guilt beyond reasonable doub....
Eyewitness testimony carries significant evidentiary weight; convictions can be sustained on reliable single eyewitness accounts without need for corroboration if found trustworthy.
Point of law : normal discrepancies in the evidence are those which are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition such as shock and ....
The testimonial weight of an injured witness, corroborated by medical evidence and consistent eyewitness accounts, warrants conviction, overriding the trial court's acquittal.
Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.
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