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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 :
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.
3. In order to bring the charges to home, the prosecution had examined P.W.1 to P.W.18 and marked Ex.P.1 to Ex.P.14. On the side of the accused, no witnesses were examined and no documents were produced before the Trial Court.
5. The learned counsel for the appellants submitted that the eye witnesses to the occurrence had turned hostile and did not support the prosecution case. Despite this, the Trial Court, relying solely on circumstantial evidence, failed to properly connect the appellants with the alleged crime and mechanically convicted them. Even the post-mortem report did not support the case of the prosecution. The cause of death was not due to poisoning. There was no material to show that the decea
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.
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