Back
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
S. Muneeswaran – Appellant
Versus
State, represented by, The Inspector of Police, Malli Police Station – Respondent
| Table of Content |
|---|
| 1. prosecution established motive and circumstances for the crime. (Para 2 , 4) |
| 2. defense argues against evidence reliability. (Para 5 , 6) |
| 3. court notes negative viscera report considerations. (Para 19 , 20) |
| 4. appeal dismissed; trial court's ruling upheld. (Para 26 , 27) |
JUDGMENT :
R.POORNIMA, J.
This Criminal Appeal is directed as against the Judgment passed in S.C.No.17 of 2019, dated 06.08.2022, on the file of the Fast Track Mahila Court, Virudhunagar District at Srivilliputhur.
2. The case of the prosecution is that the accused are husband and wife. They gave birth to a female child on 25.05.2009 and named her Sadhana. From the date of her birth, the child was suffering from a mental disorder, and as such, she was unable to maintain herself. The second accused resigned from her position as a professor at a private college in order to look after her daughter. However, she was unable to maintain the child, and the family suffered from mental distress and lack of peace of mind. Consequently, they decided to murder their mentally disordered child. While being so, on 01.10.2018, at about 6.00 p.m., they went to Kathappasamy Temple and, behind the temple, administered Ta
A negative viscera report does not preclude liability for poisoning if other evidence establishes the accused's guilt.
(1) Abetment of suicide and attempt to commit suicide – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him.....
In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstances relied upon by them and the circumstances so relied upon should form a chain of events connect....
The absence of crucial evidence, particularly the viscera report, undermines the prosecution's case for murder by poisoning, necessitating acquittal.
A conviction under the IPC cannot be upheld without concrete evidence linking the appellant to the crime, and a judgment must not rely on mere suspicion.
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
