IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.Ramesh, N.Senthilkumar, JJ
Kabali @ Azhagarasan – Appellant
Versus
State By Inspector of Police – Respondent
JUDGMENT :
N.SENTHILKUMAR, J.
Challenging the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Dharmapuri dated 31.10.2019 made in S.C. No.31 of 2015, the appellants herein/accused 1 and 2 have preferred this criminal appeal. Both the appellants/accused 1 and 2 were convicted and sentenced as follows:
| Offence | Sentence |
| Section 302 IPC | Life imprisonment and a fine of Rs.5,000/-, in default to undergo one year simple imprisonment |
2. The case of the prosecution is that A1 and A2 had illicit relationship, which was objected by the deceased, husband of A2 and hence A1 and A2 had decided to eliminate the deceased. Both A1 and A2 had called the deceased to A2's mother's place and on 13.08.2014, A1 had attacked and inflicted injury on the left side of the head of the deceased and all over his body with the handle of a spade and A2, with a wooden reaper, had caused injury on the head, ear and left neck of the deceased and the deceased succumbed to the injuries caused to him.
3. In order to prove prosecution case, as many as 27 witnesses were examined as PWs.1 to 27 and 35 documentary evidence were marked as Exs.P1 to P35 and 11 material objects were produced as MO
Circumstantial evidence must form a complete chain pointing to guilt; absence of direct evidence and reliance on a single unreliable witness led to acquittal.
Circumstantial evidence and last seen alive theory are crucial in establishing guilt for murder when supported by credible witness testimony, despite minor inconsistencies.
Circumstantial evidence must form a complete chain to establish guilt beyond a reasonable doubt; conviction cannot rely on mere last seen theory without corroborating evidence.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
For a conviction based on circumstantial evidence, every link in the chain must be established beyond reasonable doubt; mere confessions are inadequate without corroborative evidence.
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or conjecture is insufficient for conviction.
The prosecution must prove guilt beyond reasonable doubt, and mere suspicion is insufficient for conviction.
Circumstantial evidence must satisfy strict principles to establish guilt beyond reasonable doubt; failure to do so warrants setting aside of conviction.
Conviction based on circumstantial evidence requires a complete and cogent chain of circumstances; extra-judicial confessions must be corroborated by reliable evidence.
Murder – Theory of last seen together is very weak in absence of motive.
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