Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Dillibabu – Appellant
Versus
Inspector of Police – Respondent
| Table of Content |
|---|
| 1. description of the incident and initial investigation. (Para 2) |
| 2. arguments made by counsel for both sides. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's reconsideration of trial court's findings. (Para 8 , 9 , 10 , 11 , 12) |
| 4. examination of evidence from injured witnesses. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. discussion of case corroboration through medical evidence. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. court's final judgment of acquittal overturned. (Para 30) |
| 7. next steps following the court's decision. (Para 31 , 32) |
JUDGMENT :
1. The defacto complainant has preferred this Criminal Appeal as against the judgment of acquittal dated 06.10.2018 made in S.C.No.189/2017 passed by the learned XV Additional Sessions Court, Chennai, in and by which the Trial Court has acquitted the respondents 2 to 4 / A1 to A3 from the charges under Sections 341 r/w. 34 IPC , 323 r/w. 34 and 302 r/w. 34 .
2.1. PW1 is the father of the deceased Gopinath. He deposed that on 29.08.2016 at about 06.15 p.m. PW1 and the deceased were proceeding from the house to their shop. On the way, the accused waylaid them in front of their house bearing Door No.13/41, abused them in filthy
The testimonial weight of an injured witness, corroborated by medical evidence and consistent eyewitness accounts, warrants conviction, overriding the trial court's acquittal.
The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.
The prosecution must prove its case beyond reasonable doubt; mere suspicion is insufficient to convict, especially where witness credibility is in question.
The prosecution must prove its case beyond reasonable doubt, while minor contradictions in witness testimony should not undermine the core evidence substantiating the charges.
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to an initial acquittal; however, the Appellate Court found conclusive evidence establishing guilt, wa....
The judgment underscores the principle that an acquittal should not be overturned without compelling evidence, emphasizing the importance of consistent and reliable witness testimonies in criminal ca....
Prosecution must prove the case beyond reasonable doubt; inconsistent eyewitness testimony can undermine the prosecution's case, leading to acquittal.
The court upheld convictions for murder against the appellants, affirming that eyewitness testimony, supported by corroborative evidence, was reliable, and distinctions made in witnesses did not affe....
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
