Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Sarasu W/o Gopal – Appellant
Versus
State rep. by Sub Inspector of Police, Poolampatty Police Station, Salem District. – Respondent
| Table of Content |
|---|
| 1. allegations of attack and property damage due to enmity. (Para 2 , 3) |
| 2. details of prosecution case and initial trial outcomes (Para 4 , 6) |
| 3. insufficient evidence led to acquittal of accused. (Para 7 , 8 , 20) |
| 4. arguments regarding witness credibility and testimony flaws. (Para 11 , 16) |
| 5. arguments presented by both sides regarding witness credibility and evidence (Para 13) |
| 6. court's reasoning for upholding the trial court's acquittal decision (Para 21) |
JUDGMENT :
SUNDER MOHAN, J.
1. The above appeal challenges the Judgment of acquittal passed by the learned Judicial Magistrate No.1, Sankari, in C.C.116 of 2011 dated 23.12.2015.
2. It is the case of the prosecution that the respondents 2 to 5/A1 to A4, who are arraigned as accused before the trial Court had attacked the appellant/de-facto complainant and damaged the crops in her land on account of prior enmity and thus, committed the offences under Sections 427, 294(b), 323, 324 and 506(i) of the Indian Penal Code.
3. P.W.1/victim had lodged a complaint, which was registered by P.W.6 in Crime No. 149 of 2011 for the offences under Sections 447, 427, 294(b), 323, 324 and 506(ii) of the IPC against the respondents 2 to
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
