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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, C.KUMARAPPAN
Sivamani – Appellant
Versus
State by Inspector of Police, Nellikkuppam Police Station – Respondent
| Table of Content |
|---|
| 1. conviction based on established facts of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments questioning the evidence and establishing reasonable doubt. (Para 10 , 11 , 12) |
| 3. court's assessment of circumstantial evidence and requirements. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. establishment of motive and last seen circumstance. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. court confirms the prosecution's evidence sufficiency. (Para 27 , 28 , 29 , 30 , 31) |
| 6. final dismissal of appeal with affirmation of conviction. (Para 32) |
JUDGMENT :
C. KUMARAPPAN, J.
1. The instant criminal appeal has been filed against the order of conviction passed in S.C.No.243 of 2016 dated 06.02.2018, in and by which, the appellant was convicted under Sections 364 , 302 and 201 of IPC and sentenced to undergo life imprisonment.
2. The prosecution story is that, one Suresh Kannan is the brother of the deceased Selvam. The accused is Suresh Kannan's co-brother's son. Since, both the accused and the deceased were relative, they became friends. While so, there was a loan transaction between the deceased and the accused. According to the prosecution, the accused borrowed a sum of Rs.45,000/
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; failure to do so warrants acquittal.
Circumstantial evidence requires complete unbroken chain conclusively proving guilt and excluding innocence hypothesis; failure of key links like last seen, extra-judicial confession, motive, recover....
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
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