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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Perumal – Appellant
Versus
State Rep. By Inspector Of Police Katpadi Police Station Vellore District – Respondent
| Table of Content |
|---|
| 1. case background and events leading to the conviction (Para 1 , 2) |
| 2. investigation process and trial initiation (Para 3 , 4 , 5) |
| 3. trial court's findings and convictions (Para 6 , 7 , 8) |
| 4. prosecution and defense arguments presented (Para 9 , 10) |
| 5. witness testimonials and medical evidence (Para 11 , 12 , 13 , 14 , 15) |
| 6. medical findings corroborate witness statements (Para 16 , 17 , 18) |
| 7. evidence evaluation and appellant's circumstantial involvement (Para 19 , 20 , 21) |
| 8. legal basis for conviction despite absence of eyewitness (Para 22 , 23 , 24) |
| 9. new evidence assessment and its implications (Para 25 , 26 , 27) |
| 10. conclusion on evidence sufficiency for conviction (Para 28 , 29) |
| 11. final decision on the appeal (Para 30 , 31) |
ORDER :
P. Velmurugan, J.
This Criminal Appeal has been filed to set aside the judgment of conviction and sentence passed in S.C.No.147 of 2013 dated 08.02.2019 on the file of the learned Sessions Judge, Fast Track Mahila Court, Vellore.
2. The case of the prosecution is that the deceased had originally married to one Dayalan and begotten 3 children and thereafter, due to misunderstanding, she estranged from her husband and subsequently was livi
A dying declaration can serve as a basis for conviction, especially when corroborated by consistent witness testimonies and medical findings related to the incident.
Dying declarations and circumstantial evidence can substantiate a conviction for homicide under IPC.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.
A dying declaration, when certified by a medical professional as being made in a fit state of mind, is highly reliable. When corroborated by consistent eyewitness testimony and medical evidence, it j....
Merely because, some superficial burn injuries were present on the fingers of the accused, it does not lead to any irresistible conclusion that he made efforts to put off the flames.
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