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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Karthick @ Karthikeyan – Appellant
Versus
Inspector of Police, Perungudi Police Station, Madurai – Respondent
| Table of Content |
|---|
| 1. conspiracy to commit murder and robbery. (Para 3 , 4 , 5) |
| 2. insufficient circumstantial evidence for conviction. (Para 8 , 14 , 33 , 34) |
| 3. arguments against reliance on circumstantial evidence. (Para 9 , 10 , 16 , 39) |
| 4. principles governing circumstantial evidence. (Para 36 , 37 , 38) |
| 5. judgment set aside; appellants acquitted. (Para 44 , 45) |
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
1.Criminal Appeal(MD)No.325 of 2022 is directed as against the Judgment passed in S.C.No.68 of 2015 dated 29.03.2019 on the file of the learned 1st Additional District and Sessions Judge, Madurai, thereby convicting the appellant/A.3 for the offence punishable under Sections 120(b), 449, 302 r/w 34 (2 counts), 394 r/w 397 I.P.C.
2.Criminal Appeal(MD)No.607 of 2022 is directed as against the Judgment passed in S.C.No.67 of 2015 dated 29.03.2019 on the file of the learned 1st Additional District and Sessions Judge, Madurai, thereby convicting the appellant/A.1 for the offence punishable under Sections 120(b), 449, 302 r/w 34 (2 counts), 394 r/w 397 I.P.C.
3.The case of the prosecution is that both the deceased persons were residing in a separate house at Ramankulam, Kusavangundu. While being so, th
Convictions under circumstantial evidence require a complete and unbroken chain of proof; mere suspicion is insufficient for establishing guilt.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
For a conviction based on circumstantial evidence, each link in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
The prosecution failed to establish a complete chain of circumstantial evidence proving the guilt of the accused, leading to their acquittal.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
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