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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 :
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.
3. Based on the complaint lodged by the brother of the deceased, the respondent police originally registered the case in Crime No.1285 of 2012 on 23.11.2012 for the offence under Section 307 IPC and during the course of investi
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 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.
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.
Reliability of dying declarations is crucial for conviction under IPC Section 304(ii); conviction upheld as statements were consistent and trustworthy.
The presumption of innocence strengthens upon acquittal, and an appellate court must find substantial evidence of illegality or perversity to overturn such a decision.
Dying declarations can serve as the sole basis for conviction if corroborated by reliable evidence, and the prosecution must prove its case beyond reasonable doubt.
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