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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Inspector of Police – Appellant
Versus
Raja – Respondent
| Table of Content |
|---|
| 1. factual basis of the case and charges. (Para 2 , 3) |
| 2. arguments regarding witness credibility and evidence. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. evaluation of the prosecution's evidence and reliability. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. establishing liability under section 120(b) ipc. (Para 35 , 36 , 37 , 38 , 39 , 40) |
| 5. final decision regarding acquittal. (Para 41 , 42) |
JUDGMENT :
1.This Criminal Appeal has been filed by the complainant, challenging the judgment 22.08.2022 made in S.C.No.59 of 2018 on the file of the I Additional District and Sessions Judge (PCR), Tiruchirappalli, in which judgment, the accused were acquitted of all charges.
3.The case of the prosecution is that on 19.06.2017, the wife of the deceased lodged a complaint before the Gandhi Market Police Station with the following allegations:
(b) The complaint (Ex.P1) was received by P.W.24, Thiru.Thayalan, Sub-Inspector of Police, and a case in Crime No.794 of 2017 was registered underSection 302 IPC . The FIR (Ex.P15) was forwarded to the Judicial Magistrate and copies were forwarded to the higher officials.
(d) He conducted
Prosecution must prove charges beyond reasonable doubt; acquittal must be shown to be perverse or erroneous for appellate intervention.
The judgment emphasizes the need for caution in evaluating evidence in a grave crime, the requirement for independent corroboration of related witnesses, and the importance of proving the plea of ali....
Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
The court established that the prosecution proved the conspiracy and murder charges against the accused through credible eyewitness testimony and circumstantial evidence, leading to their conviction.
The conviction under conspiracy and murder was overturned due to insufficient and unreliable evidence, highlighting the need for beyond reasonable doubt to establish guilt.
It is well settled proposition of law that the evidence of hostile witnesses need not be ignored in total and it can be relied on to the extent to which the witnesses have spoken about incriminating ....
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