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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Rajesh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. summary of trial court conviction and case background. (Para 1 , 2 , 3) |
| 2. competing arguments regarding reliability of eyewitnesses and evidence. (Para 4 , 5 , 6) |
| 3. inconsistency in witness testimony warrants full acquittal. (Para 8 , 10) |
| 4. failure to establish conspiracy and procedural flaws vitiate prosecution. (Para 9 , 11 , 12) |
| 5. final outcome: acquittal due to benefit of doubt. (Para 13 , 14) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
1. The appellant/Accused Nos.1, 2 & 6 in Spl.S.C.No.32 of 2021 on the file of the learned I Additional and Sessions Judge (PCR), Thanjauvr has filed this appeal challenging the following conviction and sentence imposed against him in the impugned judgment dated 19.01.2023.
2. Brief facts of the case:
2.1. The prosecution case, in brief, is that the deceased, Rajini, was the brother of P.W.1 and belonged to a Scheduled Caste community. All the accused persons, including A1, A2 and A6, belong to a non-Scheduled Caste community.
2.2. It is alleged that on 09.07.2021 at about 10.00 a.m., A6 abused one Yogeswaran by uttering his caste name and also criminally intimidated him. Aggrieved by the said incident, Yogeswaran approached the deceased Rajini
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