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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, L.VICTORIA GOWRI
Pandian – Appellant
Versus
State, rep. By The Deputy Superintendent of Police, Pattukkottai Sub Division, Pattukkottai Town Police Station – Respondent
| Table of Content |
|---|
| 1. prosecution's case details and events of crime. (Para 2 , 3 , 4) |
| 2. evidence examination and trial process. (Para 5 , 6) |
| 3. defendants' arguments on evidence and conviction. (Para 9 , 10 , 11) |
| 4. court's observations on credibility of eyewitness. (Para 12 , 13 , 14 , 15 , 16) |
| 5. discussion of complaints and their significance. (Para 17 , 18 , 19) |
| 6. medical evidence and its impact on prosecution case. (Para 24 , 25 , 26 , 27) |
| 7. reaffirmation of conviction based on evidence. (Para 28) |
| 8. final judgment outcome. (Para 29) |
JUDGMENT :
P.VELMURUGAN, J.
These criminal appeals have been filed against the judgment of conviction and sentence passed by the learned I Additional District and Sessions Judge, (PCR), Thanjavur, in Special SC No.39 of 2012, dated 22/04/2022 and consequently to acquit the appellants/A1 and A3.
2.The case of the prosecution is that the defacto complainant Raghupathi and the deceased Suresh are relatives and belong to SC community and they approached PW9-Loganathan for their avocation. There is a dispute over the land between PW9-Loganathan and others. In view of the motive, on 20/05/2010 at 12 'O' Clock, A1 with iron pipe, A2 with sickle and A3 with pichuva
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 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....
Prosecution must prove guilt beyond reasonable doubt; significant contradictions in witness testimony can invalidate a case leading to acquittal.
Injured eyewitness evidence stands on higher pedestal; reliable without corroboration unless improbable. Delay in FIR, hostile witnesses' partial support, and medical/forensic corroboration sustain c....
The Code of Criminal Procedure, 1973, puts no limitations, restrictions, or conditions for exercising power by the appellate Court.
Conviction requires not just evidence of guilt but also an established motive and reliable eyewitness accounts; procedural inaccuracies can compromise the prosecution's case.
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