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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Vijayakumar – Appellant
Versus
Inspector of Police, Kenikarai Police Station – Respondent
| Table of Content |
|---|
| 1. overview of the case and events leading to the crime. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of the trial court's findings and convictions. (Para 6 , 8) |
| 3. defense arguments questioning eyewitness credibility. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 19 , 20) |
| 4. court's analysis on prosecution evidence. (Para 30 , 39 , 40 , 42 , 46) |
| 5. evidence of conspiracy and motive discussed. (Para 31 , 32) |
| 6. resulting conclusion and acquittal of accused. (Para 58 , 61) |
JUDGMENT :
Both the appeals have been preferred as against the Judgment passed in S.C.No.120 of 2018, dated 08.12.2022, on the file of the Principal District and Sessions Court, Ramanathapuram thereby convicting the accused for the offences punishable under Sections 120 (B) and 302 of I.P.C.
3.While being so, on 08.07.2015, A.1, A.2 and A.4 to A.8 assembled in a wine shop situated at ECR (Race Course Road) and conspired to do away with the life of the deceased. Later on, 10.07.2015, A.1, A.2, A.4, A.5, A.7 and A.8 assembled at the house of A.3 and further conspired to do away with the life of the deceased.
5.Subsequently, A.4 informed A.1 and A.2 about the movement of the deceased in his two wheeler. Immediately, A.1 and
The conviction based on unreliable witness testimony and unproven motive and conspiracy led to the overturning of the judgment, highlighting the necessity for credible evidence in criminal cases.
The testimony of relatives is not inherently suspect and can be reliable if corroborated by evidence, while conspiracy requires proof of prior agreement, which was lacking in this case.
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 EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
where the Test Identification of properties for the reason that in Rule 35 of the Criminal Rules of Practice as well as Clause 474 of the Andhra Pradesh Police Manual, it is clearly mentioned that th....
Point of Law : Prosecution has failed to establish the guilt of the accused persons by facilitating worthwhile evidence. [Para 236]
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
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