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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 :
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.
3.Based on the complaint (Ex.P1) given by the defacto complainant, the respondent Police registered a case in Crime No.220 of 2010 for the offence punishable under Sections 302 IPC. After completing the investigation, since the deceased belonged to SC community, the Section was altered from 302 IPC to under Sections 120-B , 447, 307, 302 r/w 109 IPC and Section 3(2)(v) of SC/ST(PoA)
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.
The Code of Criminal Procedure, 1973, puts no limitations, restrictions, or conditions for exercising power by the appellate Court.
Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.
The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.
The prosecution must prove its case beyond reasonable doubt, while minor contradictions in witness testimony should not undermine the core evidence substantiating the charges.
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