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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN, R.POORNIMA
Sasikumar – Appellant
Versus
State rep. by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. conviction details and offense description (Para 1 , 2) |
| 2. procedural history and judicial actions (Para 3 , 4 , 5 , 6 , 8) |
| 3. trial proceedings and evidence review (Para 7 , 10 , 11) |
| 4. arguments on inconsistencies in witness testimonies. (Para 9) |
| 5. eyewitness accounts and corroboration (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. credibility of eyewitnesses and related evidence (Para 18 , 19 , 20) |
| 7. prosecution's burden and forensic evidence (Para 21 , 22 , 23) |
| 8. arguments about timing and evidence reliability (Para 24 , 25 , 26) |
| 9. conclusion and verdict of the appeal (Para 27 , 28 , 29) |
JUDGMENT :
R.POORNIMA, J.
This Criminal Appeal is filed against the conviction and sentence passed against the appellant/sole accused in the judgment dated 19.01.2021 passed by the Sessions Judge, Fast Track Mahila Court, Dindigul in S.C.No.31 of 2017 by convicting and sentencing the appellant for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.15,000/- and in default to undergo six months simple imprisonment.
2. The case of the prosecution in brief is as follows:
(a) The deceased Malliga is the daughter of the complainant, Chin
The conviction was affirmed based on consistent eyewitness accounts and forensic evidence, notwithstanding minor inconsistencies.
Eyewitness testimony, accused's conduct, confession, and forensic evidence prove attempted robbery and murder beyond doubt despite minor investigative lapses.
A conviction under Section 302 IPC requires reliable evidence beyond hearsay; mere allegations without corroboration are insufficient for a guilty verdict.
The court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304(ii) IPC, emphasizing the absence of premeditation and the presence o....
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
The prosecution must prove beyond reasonable doubt that the accused caused the death of the deceased in order to secure a conviction for culpable homicide not amounting to murder under Section 304 Pa....
THE EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
The reliability and credibility of eyewitness testimony, the significance of absconding as incriminating evidence, and the application of legal provisions under Section 302 and Section 304 Part II of....
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