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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. RAMESH, SUNDER MOHAN
Mahendiran – Appellant
Versus
State Represented by Inspector of Police, Melpadi Police Station – Respondent
| Table of Content |
|---|
| 1. overview of the facts surrounding the case. (Para 1 , 3 , 4) |
| 2. procedural irregularities necessitate joint trials for related cases. (Para 5) |
| 3. details of evidence and procedural issues. (Para 6 , 7) |
| 4. arguments of both parties addressing the evidence. (Para 9 , 10 , 12 , 13) |
| 5. conclusive nature of evidence required for conviction. (Para 18 , 20) |
| 6. failure to establish the identity of the deceased undermines the prosecution's case. (Para 19) |
| 7. final ruling and implications of the decision. (Para 21 , 22 , 24) |
JUDGMENT :
SUNDER MOHAN, J.
1. Challenging the conviction and sentence imposed upon them vide two judgments, both dated 30.01.2019 in S.C.Nos.186 of 2017 and 185 of 2017, on the file of the learned Additional District and Sessions Judge, FTC-I, Vellore, Accused Nos.1 and 2 have preferred Crl.A.Nos.228 and 229 of 2019. As both the Sessions cases arise out of offences committed in the course of the same transactions, both appeals are taken up together, heard and disposed of by way of this Common Judgment.
2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
3......
(i) The prosecution case broadly is that the appel
Separate trials for offenses arising from the same transaction violate procedural principles, necessitating correction to avoid miscarriage of justice. Identity of victims must be established with ad....
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
Reliance can be based on solitary statement of a witness if court comes to conclusion that said statement is true and correct version of case of prosecution.
In a case based on circumstantial evidence, the prosecution must prove beyond a reasonable doubt that the circumstances are consistent with the guilt of the accused and that they exclude every other ....
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
Murder – Identification of accused in Court is acceptable without prior TIP and absence of TIP may not be fatal for prosecution.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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