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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
Thangam @ Mathalaimuthu – Appellant
Versus
Inspector of Police, Dindigul Town South police station, Dindigul – Respondent
JUDGMENT :
These appeals are directed against the judgment dated 15.11.2022 made in S.C.No.36 of 2018 on the file of the Additional District and Sessions Judge, Dindigul.
2. By the impugned judgment, accused Nos.1 to 8 were convicted for the offences under Sections 302 r/w.149 and 148 IPC and sentenced to life imprisonment and levied with fine of Rs.10,000/- each. Accused Nos.9 and 10 were acquitted. A4 Thangam @ Mathalaimuthu filed Crl.A.(MD)No.137 of 2023. Questioning the acquittal of accused Nos.9 and 10, P.W.2 filed Crl.A.(MD)No.138 of 2023. A5 to A8 have filed Crl.A.(MD)No.212 of 2023. A1 to A3 have filed Crl.A.(MD)No.217 of 2023.
3. The case of the prosecution is as follows:-
Gnanaprakasam @ Podari was the husband of A10 Pappathi. He was heading one faction of loadmen at Dhadikombu. The deceased Sebasthiyan was heading the rival faction. Gnanaprakasam was murdered in the year 2006. Sebasthiyan (deceased herein) was awarded life sentence by the trial Court. He was acquitted by the appellate Court. Since the family of Gnanaprakasam wanted to take revenge, Sebasthiyan avoided regularly staying in his native village, namely Muthazhagupatti. He used to come home once in 15 days. On 04
A conviction cannot be sustained on the uncorroborated testimony of a single witness, especially when key witnesses turn hostile, undermining the prosecution's case.
The prosecution must prove the guilt of the accused beyond all reasonable doubt, especially in cases relying on circumstantial evidence.
The appellate court can overturn a trial court's acquittal if the findings are perverse, emphasizing the importance of eyewitness testimony and the presumption of innocence.
The prosecution must prove charges beyond reasonable doubt; reliance on unreliable witness testimony can lead to acquittal.
The testimony of relatives is not inherently suspect and can be reliable if corroborated by evidence, while conspiracy requires proof of prior agreement, which was lacking in this case.
A conviction cannot be based solely on the testimony of one witness unless that testimony is wholly reliable and corroborated by other evidence.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
The main legal point established in the judgment is the need for reliability and consistency in witness testimonies and evidence presented by the prosecution to establish guilt beyond reasonable doub....
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