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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Kamalakannan @ Kannan – Appellant
Versus
Inspector of Police, Aravakurichi Police Station – Respondent
| Table of Content |
|---|
| 1. details of the murder case and the conviction (Para 3 , 4 , 5) |
| 2. arguments presented by the appellants disputing their guilt (Para 7 , 8 , 9 , 14) |
| 3. analysis of evidence and resulting judicial conclusion (Para 15 , 27 , 28) |
| 4. court's reasoning about intent and circumstances surrounding the incident (Para 18 , 22 , 24) |
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
These Criminal Appeals are filed to call for the entire records connected to the judgment in S.C.No.37 of 2020 on the file of the learned Principal Session Court/District Court, Karur, dated 06.07.2022, and set aside the conviction and sentence imposed against the appellants.
2.Both the appeals are arising out of the same Judgment and as such, a common order is passed.
CASE OF THE PROSECUTION:
3.The case of the prosecution is that A1 and the deceased were husband and wife. A1 and A2 were allegedly involved in an extra marital affair with each other. A3 is a friend of A2. The deceased has warned A1 several times not to be in touch with A2 but they had been continuing their relationship. At this juncture, on 23.12.2018 at about 08.30 p.m., A2 and A3 along with the deceased had consuming alcohol. At that time due to some quar
Court determined the threshold for proving intent in murder cases, emphasizing the necessity of establishing clear circumstantial evidence and distinguishing between murder and culpable homicide.
The court distinguished culpable homicide from murder based on intentions and provocation, identifying a lack of mens rea for a murder conviction.
Circumstantial evidence and extra-judicial confessions require strict scrutiny and corroboration for a conviction under murder charges, highlighting their inherent weaknesses.
Suspicion alone cannot establish guilt; direct evidence is required to prove participation in a crime, especially under Section 34 IPC.
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.
The prosecution's reliance on circumstantial evidence and an extra-judicial confession was insufficient to establish murder, leading to a conviction for culpable homicide instead.
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, and absence of these elements can lead to a lesser charge.
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, while a single impulsive act may lead to a lesser charge under Section 304 IPC....
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
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