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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SATHI KUMAR SUKUMARA KURUP
Murali @ Muralidharan – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. introduction of the case and background (Para 1 , 2) |
| 2. arguments by the appellant's counsel regarding evidence (Para 3 , 4 , 6 , 7 , 9) |
| 3. relevant case precedents cited (Para 5) |
| 4. arguments presented detail evidentiary discrepancies and lack of corroboration. (Para 10) |
| 5. court analysis of evidence and declarations (Para 12 , 18 , 20) |
| 6. court's final decision on conviction (Para 29) |
| 7. final judgment emphasizes the necessity of clear evidence for conviction. (Para 30 , 31) |
JUDGMENT :
1. This Criminal Appeal had been filed to set aside the judgment of conviction and sentence passed by the learned Sessions Judge, Fast Track Mahila Court (Mahalir Neethimandram), Chennai, in S.C. No. 150 of 2014, dated 02.06.2017.
2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:
2.1 The deceased Daisy @ Selvi was married to the first Accused on 07.09.2012. It was an arranged marriage. After marriage, the deceased Daisy @ Selvi was residing along with her husband, father in law, mother-in-law. Their marriage was performed three months prior to the alleged occurrence. On 16.12.2012, the deceased Daisy @ Selvi was brought to Kilpauk Medical Col
The court emphasized that convictions under IPC Sections 306 and 498A require proof of abetment or cruelty, upheld by consistent and reliable evidence, which was lacking in this case.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
The court upheld the conviction for abetment of suicide, ruling persistent harassment by the accused instigated the victim's self-immolation, establishing mens rea required for conviction under Secti....
witnesses of both the sides (prosecution and the defence) sail on the same boat both have to be given same treatment at par to appraise on the touchstone of credibility and truthfulness which has not....
Dying declarations can be the basis for conviction if voluntary and reliable; inconsistencies can undermine their credibility, especially when the accused was not present during the incident.
Omission to frame charge does not disable court from convicting accused for offence which is found to have been proved on evidence on record.
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