Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Vigneshwaran @ Vicky – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. details surrounding the murder of muthukumar. (Para 3 , 4) |
| 2. discharge application by the second accused. (Para 5 , 6) |
| 3. arguments against the charges under sc/st act. (Para 9 , 10) |
| 4. arguments from the prosecution’s perspective. (Para 11 , 12) |
| 5. analysis of section 3(2)(v) of the sc/st act. (Para 13 , 14 , 15 , 16 , 19 , 20) |
| 6. the dismissal of the appeal. (Para 22) |
JUDGMENT :
K. MURALI SHANKAR, J.
1. This Criminal Appeal is directed against the order passed in Crl.M.P.No.1525 of 2023, dated 07.08.2025 in Spl.S.C.No.21 of 2022 on the file of the III Additional District and Sessions Court for PCR Act Cases, Madurai, in dismissing the petition for discharge filed under Section 227 of Cr.P.C.
2.The appellant is the second accused in Spl.S.C.No.21 of 2022 on the file of the III Additional District and Sessions Court for PCR Act Cases, Madurai.
3. The case of the prosecution is :
a) The defacto complainant, who was in love with the deceased Muthukumar, married him in the year 2014 and they were blessed with a boy, who is now studying 2nd standard in a Matriculation School, at Sengundram. The deceased Muthukumar was doing welding work at Sai Engineering Welding Works Company
The court established that sufficient evidence under Section 3(2)(v) of the SC/ST Act existed to warrant prosecution, thus upholding the dismissal of the discharge petition, emphasizing the shift to ....
Murder – Mere fact that deceased belonged to a Scheduled Tribe does not, ipso facto, attract provisions of Sections 3(2)(v) and 3(2)(vi) of SC/ST Act, 1989.
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
The allegations of false promise to marriage and consensual relation do not constitute rape under relevant IPC sections, as insufficient grounds were identified to sustain the charges.
The conviction under the SC/ST(POA) Act requires proof that the offence was motivated by the victim's caste, which was not established in this case.
For conviction under the SC/ST Act, prosecution must prove both caste identity and an intent to harm due to that identity; lack of such proof invalidates the charge.
The court established that specific allegations under the SC/ST Act must be evident in initial complaints for charges to be actionable, and mere improvements in subsequent statements cannot justify f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
