IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Mareeswaran – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. conviction details and factual context. (Para 1 , 2 , 3 , 4) |
| 2. court's evaluation and consideration of evidence. (Para 5 , 7 , 8 , 9 , 11 , 14) |
| 3. argument on prosecution's circumstantial evidence weakness. (Para 6 , 10 , 12 , 15 , 16) |
| 4. conviction set aside due to insufficient evidence. (Para 17) |
| 5. appellant acquitted and appeal allowed. (Para 18) |
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
1. This appeal is directed as against the Judgment passed in S.C.No.157 of 2021, dated 19.09.2024, on the file of the learned II Additional District and Sessions Judge, Thoothukudi, thereby convicting the appellant/accused for the offence punishable under Section 302 of IPC .
2. The case of the prosecution is that PW1 is the son of the deceased. The deceased was married twice and got separated from both wives and used to stay at the nights in a dismantled mahindra van, which is used for vulcanizing work by PW2, stationed at Mudukkukadu Village, in the Service Road, Southern Side of Byepass Road. While being so, on 18.12.2020 at about 09.30 p.m., when PW2 had gone to his shop for vulcanizing work, he found that the accused, who was working as driver under him and the deceased have involved





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