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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Santhanasamy – Appellant
Versus
Felix Adaikalaraj – Respondent
| Table of Content |
|---|
| 1. procedural background of the criminal cases. (Para 1 , 5 , 7 , 8) |
| 2. outcome of appeals and procedural implications. (Para 2 , 3 , 4 , 6 , 9 , 10) |
| 3. evidence and witness testimony on the occurrence. (Para 11 , 12 , 13 , 39 , 40) |
| 4. judicial observations on the sufficiency of evidence. (Para 17 , 18 , 19 , 22 , 44) |
| 5. defense challenges regarding jurisdiction and trial issues. (Para 32) |
| 6. final judgment and sentences imposed. (Para 60) |
JUDGMENT :
These Criminal Appeals are directed against the common judgment of acquittal made in Crl.A.Nos.92 of 2012, 108 of 2012, 109 of 2012 and 110 of 2012 dated 18.01.2013 on the file of the III Additional District Court, Tiruchirappalli, reversing the judgment of conviction and sentence passed in S.C.No.121 of 2006 dated 28.09.2012 on the file of the Court of Chief Judicial Magistrate, Tiruchirappalli.
3. The Inspector of Police, Lalgudi Police Station, Trichy District laid a final report against the respondents 1 to 8 / accused alleging that on 22.12.2005 at about 08.00 p.m., when the appellants / victims / injured were chatting outside their house, all the accused formed an unlawful assembly with deadly weapons with a common intent
Jurisdiction of Assistant Sessions Judge to try offences under Section 307 IPC upheld; testimony of injured witnesses sufficient for conviction.
(1) Evidence of an injured witness has greater evidentiary value.(2) Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on the ground that they were plante....
The reliability of prosecution witnesses' evidence and the consideration of minor contradictions in the evidence as immaterial in accepting the case of the prosecution.
Conviction upheld for grievous hurt under IPC 326, but quashed for attempted murder under IPC 307 due to lack of evidence of intent.
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
The court affirmed the conviction of two appellants for attempt to murder, emphasizing the necessity of proving intent beyond reasonable doubt; others acquitted due to insufficient evidence.
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