IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Crl.A.No.746 of 2019
Marimuthu, S/o. Ayyasamy – Appellant
Versus
State represented by The Inspector of Police – Respondent
Crl.A.No.746 of 2019
Decided On : 07-01-2026
| Table of Content |
|---|
| 1. arguments by defense against conviction. (Para 3 , 4) |
| 2. court's reasoning and evaluation of evidence. (Para 5 , 6 , 12 , 13 , 14 , 15 , 16) |
| 3. dismissal of appeal and affirmation of conviction. (Para 17) |
JUDGMENT :
M.Jothiraman, J.
Challenging the judgment dated 19.08.2019 passed in S.C.No.14 of2018 on the file of the Principal District and Sessions Court, Thiruvarur, the appellant has preferred the above appeal.
2. The brief case of the prosecution is as follows:
2.1 PW1-Sudha, who is the wife of the deceased Saravanan, deposed that she knows the appellant/accused; on 01.08.2017, on the 16th day death ceremony of Durai took place on the next street of her village, where, one Kasinathan demanded money for nonvegetarian feast from her husband and the said Kasinathan and her husband had quarreled, during which, her husband fell on the roof of the hut of one Marimuthu (A1) and Gomathi (A2) opposite to the house of Durai; A2 scolded her husband in filthy language, in turn, her husband told A2 that he has no dispute with her and as to why she is speaking in unparliamentary words and pushed her down; at that time, she and her mother-in-law (PW2) convinced her husband and took him to their house; on the same day, around 6.00 p.m., PW1 along with her husband and mother-in-law (PW2) went to the house of one Shankar, who is the Village Head, in order to convey the above said incident of quarrel and their children also accompanied them; at that time, A1 and A2 waylaid them; A2 instigated A1 by saying that her husband only pushed her down and should not leave him. At that time, A1 stabbed her husband with a knife (M.O.1) on his right side chest, pulled out the knife (M.O.1) and fled away towards western side; on their scream, the Village Head and other people gathered; her husband succumbed to injuries on the spot and they took him to Thiruvarur Government Medical College and Hospital in an ambulance; Nannilam police personnel came to her place and enquired about the incident; on her narration, an inmate of her village written the complaint (Ex.P1). PW1 identified her signature found in the complaint (Ex.P1) and she also identified the knife (M.O.1).
2.2 PW2-Vasantha, mother of Saravanan, deposed that two years before, on one day, she along with her son and daughter-in-law (PW1)attended the 16th day death ceremony of Durai, where, one Kasinathan shouted at her son for not giving money for nonvegetarian feast; they pushed each other, due to which, her son fell on the roof of A2’s hut and therefore, A2 shouted at her son and at that time, her son pushed A2 by keeping his hands on her chest; she and her daughter-in-law (PW1) convinced her son and took him to their house; on the same day around 6.00 p.m., she along with her son and daughter-in-law (PW1) went to the house of Shankar (PW3), Village Head, to convey the incident occurred with A2; PW4, who is the son of Saravanan, also accompanied them; at that time, having seen Saravanan, A2 instigated A1 by saying that he only pushed her down and should not leave him; at that time, A1 stabbed her son with a knife (M.O.1) on his right side chest, pulled out the knife (M.O.1) and fled; they shouted and cried and found that her son had died on spot; the village people, who gathered, took her son in an ambulance to Thiruvarur Government Medical College and Hospital.
2.3 PW3-Shankar, Village Head, deposed that during the year 2017, 16th day ceremony of one Durai had taken place and at that time, nonvegetarian meals were cooked at the cooking shed; while he was collecting gift money, Kasinathan and Saravanan involved in a scuffle, due to which, Saravanan fell on the roof of A2’s hut situated in the opposite side; A2 looked at Saravanan and shouted at him in filthy language and asked him as to how did he fall on her house and bet him with a chappal and so, Saravanan pushed her; on the same day around 6.00 p.m., he heard noise at his doorstep and went there and saw A2 telling A1 that Saravana
The conviction of the appellant for murder was upheld based on credible eyewitness testimony and corroborative medical evidence, confirming the appellant's guilt beyond reasonable doubt.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The court determined that killing during a sudden quarrel, spurred by provocation, constitutes culpable homicide rather than murder, warranting a conviction under lesser charges.
The court ruled that the actions leading to death were a result of provocation, modifying the conviction from murder to culpable homicide not amounting to murder.
The court found that eyewitness testimony and extra-judicial confessions were unreliable and insufficient to uphold a conviction, resulting in acquittal.
The prosecution must establish guilt beyond reasonable doubt; inconsistencies and procedural failures in witness accounts can lead to acquittal.
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.
Extrajudicial confessions require corroboration through credible evidence; absence of supporting witnesses weakens prosecution's case, leading to acquittal.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
The prosecution must prove the guilt of the accused beyond reasonable doubt. If there is any doubt as to the guilt of the accused, the accused must be acquitted.
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