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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Thanu Selvam – Appellant
Versus
State of Tamil Nadu – Respondent
JUDGMENT :
K.K. RAMAKRISHNAN, J.
1. The sole accused in S.C. No.279 of 2019 on the file of the learned III Additional District and Sessions Judge, Tirunelveli, has preferred the present appeal challenging the judgment dated 05.07.2023, whereby he was convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo one month simple imprisonment.
2. Brief facts of the case:
2.1. The deceased, Ayyapan, was the younger brother of the accused. Since the accused was suffering from health issues, he remained unmarried. However, the deceased entered into a love marriage with P.W.1, and they were subsequently blessed with a child. According to the prosecution, the villagers used to tease the accused for remaining unmarried and allegedly referred him as a barren. This, coupled with the fact that the deceased continued to reside in the family house, created resentment and animosity in the mind of the accused towards his younger brother.
2.2. While so, on 25.09.2017 at about 3.15 p.m., the accused allegedly attacked the deceased with a billhook in the verandah of Vinayagar Temple situated on East Street, Ilayanayin
Selective appreciation of indivisible eyewitness testimony to convict specific co-accused after acquitting others on the same evidence is impermissible. Furthermore, failure to confront the accused w....
Child witnesses' reliable testimony, S.106 Evidence Act burden in home murder, and unexplained minor accused injuries do not vitiate prosecution case upheld conviction.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
The testimony of an injured witness is generally considered reliable, and delays in FIR registration do not inherently undermine the prosecution's case.
The Court affirmed that the testimony of an injured eyewitness possesses significant evidentiary weight, and the premeditated nature of the attack ruled out claims of sudden provocation, justifying t....
The prosecution must prove guilt beyond reasonable doubt, and significant procedural irregularities or unreliable witness testimony can lead to an acquittal.
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