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2025 Supreme(Mad) 2667

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE DR. JUSTICE G.JAYACHANDRAN, R.POORNIMA
S.Annathai – Appellant
Versus
Marimuthu @ Kattamari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Pragalathan
For the Respondent: Mr.V.Kathirvelu, for Mr.K.Prabhu, Mr.D.Shanmugaraja Sethupathi, Mr.G.Karuppasamy Pandian, for Mr.P.Senthilkumar, Mr.E.Antony Sahaya Prabhakar, Additional Public Prosecutor

Table of Content
1. the factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. court observations on the trial court's acquittal reasoning. (Para 9 , 10 , 11 , 20 , 25 , 27 , 28 , 29 , 32 , 33)
3. arguments regarding the reliability of witnesses in the prosecution. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 21 , 22 , 23)
4. witness reliability and evidence contradictions. (Para 26)
5. standard of proof in criminal cases. (Para 30)
6. conclusion of the appeal against acquittal. (Para 34)

JUDGMENT :

The Criminal Appeal under Section 372 of Cr.P.C., is filed by one Annathai, W/o Swaminathan, the defacto complainant, being aggrieved by the judgement of acquittal rendered by the III Additional Sessions Judge at Tirunelveli, in S.C.No:735 of 2016, dated 05-04-2021.

2. The case of the prosecution is that due to personal enmity between two groups in the Dhandhanuthu Village, Tirunelveli District, Swaminathan, the husband of the de-facto complainant was done to death by the members of the other group. The de facto complainant set the law into motion through her complaint/Ex.P-1. The said complaint dated 25.09.2019 received at 17:30 hours registered as Cr.No.297 of 2015 under sect

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