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C. V. KARTHIKEYAN, R. POORNIMA
Syed @ Syed Abdhahir – Appellant
Versus
State – Respondent
JUDGMENT :
(Judgment of this Court delivered by R.POORNIMA, J.)
Prayer: Criminal Appeal filed under Section 374 (2) of the Criminal Procedure Code, to set aside the conviction and sentence dated 30.07.2020 passed in S.C.No.49 of 2012 on the file of the learned Additional District and Sessions Judge, Ramanathapuram.
This Criminal Appeal is filed against the conviction and sentence passed against the accused Nos. 2 and 3/appellants in the judgment dated 30.07.2020 passed by the Additional District and Sessions Judge, Ramanathapuram, in S.C.No.49 of 2012 by convicting and sentencing the appellants for the offences punishable under Sections 302 to undergo imprisonment for life and to pay a sum of Rs.5000/- and in default of payment of fine , further undergo punishment for 2 years.
2. The appellants herein are the accused 2 and 3 in the trial Court in S.C.No.49 of 2012. They have preferred this Criminal Appeal, against the judgment of conviction, under Section 374 (2) Cr.P.C, 1973.
3. The appellants/accused Nos. 2 and 3 were convicted under Section 302 I.P.C and sentenced to undergo for life imprisonment and to pay a fine of Rs.5,000/-, in default of payment, to undergo 2 years simple impris
The prosecution must prove specific overt acts of each accused in a murder case; mere presence is insufficient for conviction.
The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.
Point of Law : Unlawful assembly – Common object - No doubt section 149 IPC is wide in its sweep but in fixing the membership of the unlawful assembly and in inferring the common object various circu....
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
Presence in an unlawful assembly suffices for liability, affirming that minor discrepancies in testimonies do not negate the prosecution's case.
(1) Murder – Evidence of eye-witness should be of very sterling quality and calibre and it should not only instil confidence in court to accept the same but it should also be a version of such nature....
Conviction based on unreliable eyewitness testimonies that lack independent corroboration cannot establish guilt beyond a reasonable doubt.
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
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