BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Prabhakaran – Appellant
Versus
State, Represented by, The Inspector of Police, Jeyamangalam Police Station – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
This appeal is directed as against the Judgment passed in in S.C.No.21 of 2020 dated 20.06.2022 on the file of the Additional District and Sessions Court, Periyakulam, thereby acquitting the respondents 2 and 3 for the offences punishable under Section 302 of I.P.C.
2.The case of the prosecution is that on 08.07.2019 at about 07.00 p.m., the second accused developed an illegal intimacy with the wife of the first accused. On account of the same, the deceased used to insult the wife of the first accused by referring to her illegal intimacy with the second accused whenever she came for fetching water from the common water lane. Therefore, there was previous enmity between the accused and the deceased. Hence both the accused decided to do away with the life of the deceased.
3.While being so, on 08.07.2019 at about 07.00 p.m., the second accused had picked up the deceased in his motorcycle and took him along with liquor and snacks, to the scene of crime, which is belonging to one Jeganathan. While they were consuming liquor, the first accused pushed the deceased, causing him to fall down. Thereafter, the first accused placed a stone on the head of the dece
Prosecution must establish motive and a complete chain of circumstantial evidence in murder cases; mere witness testimonies without clear linkage or motive fail to support conviction.
Circumstantial evidence and extra-judicial confessions require strict scrutiny and corroboration for a conviction under murder charges, highlighting their inherent weaknesses.
In a murder case based on circumstantial evidence, mere last seen testimony is insufficient; a clear chain of circumstances must be established to support a conviction.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The central legal point established in the judgment is the requirement for a complete chain of circumstances to establish guilt beyond reasonable doubt in cases based on circumstantial evidence, emph....
In a case based on circumstantial evidence, the prosecution must prove all the circumstances which are required to be proved in order to complete the chain of circumstances towards the guilt of the a....
Circumstantial evidence must present a complete, consistent chain to establish guilt; lack of viable evidence or motive negates the prosecution's case.
Conviction for murder can be sustained based on circumstantial evidence and the last seen theory, particularly when the accused fails to explain crucial circumstances.
Conviction based on circumstantial evidence requires continuity of links establishing guilt; 'last seen theory' must be supported by additional incriminating factors.
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
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