Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
V. Alli, W/o. Raja – Appellant
Versus
State, represented by The Inspector of Police, Parangipet Police Station – Respondent
| Table of Content |
|---|
| 1. overview of the case and prosecution background. (Para 1 , 2) |
| 2. arguments for and against the prosecution's case. (Para 3 , 4 , 5) |
| 3. court's deliberation on the evidence and burden of proof. (Para 6 , 7) |
| 4. court's conclusions regarding the evidence and judgment. (Para 8 , 9 , 10) |
JUDGMENT :
Challenging the judgment of acquittal dated 12.02.2018 passed in S.C.No.103 of 2015 on the file of the II Additional District and Sessions Court, Chidambaram, the appellant/PW3/wife of the deceased has preferred the above appeal.
2.1 PW1—Rangaramanujam, Village Administrative Officer, deposed that on 16.04.2013, he along with his Assistant Balakrishnan, proceeded on his two-wheeler towards Manjaikuzhi; when they reached Thideerkuppam near the land belonging to Shek Abdula (PW6), they noticed a huge crowd gathered there; on reaching the spot, they found bloodstains on the earth and observed a closed newly dug pit; he (PW1) instructed his Assistant to slightly dig the pit, upon which, they noticed two fingers protruding from inside; thereafter, they closed the pit and proceeded to Parangipettai Police Station at about 10.30 a.m., where, he lodged a complaint (Ex.P1); he also inform
The prosecution must establish guilt beyond a reasonable doubt, especially in circumstantial evidence cases, where all elements must connect the accused to the crime without gaps.
Circumstantial evidence must establish a complete and conclusive chain connecting the accused to the crime, failing which conviction cannot stand.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
(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....
The prosecution must establish a complete chain of circumstantial evidence linking the accused to the crime; mere recoveries and extrajudicial confessions without independent corroboration are insuff....
A conviction for murder can be sustained based on the credible testimony of a single eyewitness, corroborated by medical evidence and circumstantial facts establishing motive.
The prosecution must prove the guilt of the accused beyond all reasonable doubt, especially in cases relying on circumstantial evidence.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
Once the Prosecution bases its case on Section 27 of the Evidence Act then necessarily the procedure laid down therein must be followed to the hilt, as the liberty of an individual is at stake.
Extrajudicial confessions require corroboration through credible evidence; absence of supporting witnesses weakens prosecution's case, leading to acquittal.
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
