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2026 Supreme(Mad) 550

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
State, represented by The Inspector of Police, Kumarapalayam Police Station, Namakkal – Appellant
Versus
Gopinath, S/o. Shanmugam – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Damodaran, Additional Public Prosecutor
For the Respondents: Mr. E.V. Chandru @ Chandrasekaran, Legal aid counsel.

Table of Content
1. arguments presented by the prosecution and defense. (Para 3 , 4 , 5)
2. court's analysis on the evidence and prosecution's burden. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. conclusion affirming the trial court's acquittal. (Para 16)

JUDGMENT :

Challenging the judgment dated 05.04.2019 passed in S.C.No.77 of 2016 on the file of the Additional District and Sessions Court, Namakkal, the appellant/State has preferred the above appeal.

2.1 PW1—Karunakaran, who is the brother and son of the deceased Madheswari and Krishnaswamy, respectively, deposed that he is doing weaving business; the deceased were staying in a house near his weaving shed; after completing his work, he usually hand over the weaving shed key to his father and then, the workers, who worked under him, usually collect key from his father at 4.00 a.m.; on 04.05.2014 at 4.30 a.m., while he was sleeping, his workers viz. Shanmugam (PW4) and Mani (PW5) knocked his door; he immediately woke up and enquired them; they stated that even after knocking the door, his (PW1’s) father did not open the door and while they saw inside the house through the gap in the door, his (PW1’s) father was lying on the flo

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