IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Chinnaraj – Appellant
Versus
State rep. by The Inspector of Police – Respondent
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned order in S.C.No.131 of 2019 dated 02.11.2019 on the file of the learned Additional Sessions Judge (Fast Track Court), Vellore.
2.The appellant/accused in S.C.No.131 of 2019 was convicted by the Trial Court dated 02.11.2019 and sentenced to undergo ten years simple imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment for the offence under Section 304(2) IPC. Aggrieved against the same, the present appeal is filed.
3.The case of the prosecution is that the appellant is residing in Poojari Street, Kalaignar Nagar, Peranampet. The deceased Lalitha and the appellant having illicit relationship for nearly three years, both are rag pickers, they would collect the plastic articles and rags, store it and hand over to P.W.7/Ashok who was running waste paper and articles collection mart. Both deceased Lalitha and appellant used to stay in the said mart and with the money they earn, they consume alcohol, have food and sleep in the waste paper mart. They were also in the habit of picking up quarrel between them in sharing their income. On 21.10.2018, there was a fight between the
The prosecution must prove guilt beyond reasonable doubt, and mere suspicion is insufficient for conviction.
The court reaffirmed that conviction based solely on circumstantial evidence requires clear establishment of motive, last seen theory, and connections through unbroken chains of evidence.
Convictions under circumstantial evidence require a complete and unbroken chain of proof; mere suspicion is insufficient for establishing guilt.
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or conjecture is insufficient for conviction.
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 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....
Conviction based on circumstantial evidence requires a complete and cogent chain of circumstances; extra-judicial confessions must be corroborated by reliable evidence.
Circumstantial evidence must form a complete chain pointing to guilt; absence of direct evidence and reliance on a single unreliable witness led to acquittal.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.