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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Balaganesh – Appellant
Versus
State, Represented by its, The Inspector of Police, Theppakulam Police Station – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
These appeals are directed as against the Judgment passed in Sessions Case No.82 of 2019, dated 14.07.2022 on the file of the learned VI Additional District and Sessions Judge, Madurai District thereby convicting the appellants for the offences punishable under Sections 148 , 302 read with 149, 506(ii) of I.P.C.
2.The case of the prosecution is that on 18.10.2018, at about 08.45 p.m., when the deceased was sitting and looking at his mobile phone in front of the house of P.W.1, all the accused came there with a previous motive to do away with the life of the deceased and unlawfully assembled in front of the Devenrakula Vellalar Community Hall, carrying deadly weapons. Thereafter, A.1 scolded the deceased using filthy language. Upon seeing them, the deceased started to run from the place, but all the accused assaulted him with deadly weapons, leading to his murder. Due to the grievous injuries, he died on the spot.
3.On the complaint, the respondent registered the F.I.R in Crime No.954 of 2018 for the offences punishable under Sections 147 , 148, 294(b), 341, 302 and 506(ii) read with 34 of I.P.C as against 8 accused. After completion of the investigatio
The conviction of the appellants was upheld based on credible eyewitness testimony corroborating the prosecution’s case beyond reasonable doubt, despite hostile witnesses and challenges to the FIR pr....
The prosecution must prove guilt beyond reasonable doubt, and significant procedural irregularities or unreliable witness testimony can lead to an acquittal.
The conviction was upheld based on corroborative eyewitness accounts despite minor discrepancies in evidence.
The judgment underscores the necessity of proving guilt beyond reasonable doubt in criminal trials, emphasizing the unreliability of evidence when establishing charges.
The court reaffirmed that specific overt acts are crucial for conviction in homicide cases, while witness reliability, particularly regarding tutoring, significantly impacts the assessment of evidenc....
Conviction overturned due to unreliable eyewitness accounts, procedural delays, and failure to establish charges beyond reasonable doubt, emphasizing the principle of parity among co-accused.
The prosecution failed to prove its case beyond reasonable doubt, leading to the appellant's acquittal.
The court clarified that intention to kill is pivotal in distinguishing between murder and culpable homicide, confirming conviction under Section 304 Part II given absence of intent despite a fatal a....
The court upheld the conviction of the appellants for murder, finding them part of an unlawful assembly with a common object, supported by consistent eyewitness and medical testimony.
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