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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, L.VICTORIA GOWRI
Subbaiah @ Sudhakar – Appellant
Versus
State, represented by The Inspector of Police, Kallidaikuruchi Police Station – Respondent
| Table of Content |
|---|
| 1. details of the prosecution's case. (Para 2 , 3 , 4) |
| 2. witnesses and evidence presented. (Para 5 , 6) |
| 3. challenge to the conviction. (Para 8) |
| 4. arguments by the appellants' counsel. (Para 9) |
| 5. arguments by the respondent's counsel. (Para 10 , 11) |
| 6. court's assessment of evidence. (Para 12 , 19) |
| 7. discussion on witnesses and contradictions. (Para 13 , 17 , 18) |
| 8. final judgment and modification of sentences. (Para 20) |
JUDGMENT :
P. VELMURUGAN J.
This criminal appeal is filed against the judgment of conviction passed by the III Additional District and Sessions Judge, Tirunelveli, in SC No.163 of 2022, dated 19/02/2024 and to set aside the same and consequently to acquit the appellants/A1 to A3.
2.The case of the prosecution is that there was previous enmity between the family of the first accused and the deceased family regarding the compound wall and there is also another motive that the first accused suspected the character of his wife having illicit relationship with the deceased namely Velu. Suspecting her fidelity, the wife of the first accused refused to live with him and left for Calcutta to reside with her family. On 14/06/2021 at about 9.30 pm, the deceased as w
The court ruled that eyewitness evidence, despite familial bias, may be credible; thus, a conviction under Section 304(i) IPC was appropriate, reflecting mitigating circumstances and reevaluating the....
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 ....
The court upheld convictions for murder against the appellants, affirming that eyewitness testimony, supported by corroborative evidence, was reliable, and distinctions made in witnesses did not affe....
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.
The eyewitness testimonies were credible and sufficient to establish the guilt of the appellants. The lack of a certificate under Section 65-B of the Indian Evidence Act rendered the CCTV footage ina....
The court upheld the conviction for murder based on credible eyewitness accounts, asserting that discrepancies did not undermine the prosecution's case.
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