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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Suresh @ Vazhakkai Suresh Kumar – Appellant
Versus
State – Respondent
JUDGMENT :
K.K. RAMAKRISHNAN, J.
1. These criminal appeals have been filed by the appellants against the following conviction and sentence of imprisonment imposed against them vide impugned judgment dated 15.12.2022 in S.C. No. 136 of 2018 on the file of the learned Additional District and Sessions Judge, Kanyakumari District at Nagercoil.
2. Brief facts of the case:
2.1. The case of the prosecution is that on 22.08.2012, during a festival at Ashtakaliamman temple, the deceased Vijayakumar started dancing by sneaking into the group of women and A1 is said to have objected the same and it led to a quarrel between A1 and the deceased. It is the further case of the prosecution that A6 had a love affair with the daughter of the maternal aunt of the deceased and the same was questioned by the deceased and as a result, there was a previous enmity between A6 and the deceased. On account of this previous enmity, it is alleged that on 24.08.2012, at about 7.30 p.m., A1 to A14 assembled in front of Bay Watch Audio Shop run by A6 and had conspired to murder the deceased and his family members.
2.2. In furtherance of this conspiracy, on 24.08.2012, at about 9.45 p.m., all the accused unlawfully ass
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to unreliable eyewitness accounts, inconsistencies, and procedural irregularities in FIR registration.
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....
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 appellate court affirmed that collective participation in unlawful assembly under IPC Section 149 holds all members culpable for resulting violent acts, despite minor evidential discrepancies.
The court ruled that eyewitness evidence, despite familial bias, may be credible; thus, a conviction under Section 304(i) IPC was appropriate, reflecting mitigating circumstances and reevaluating the....
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.
The prosecution failed to establish a reliable case due to contradictions in witness testimonies and unexplained delays in lodging the FIR, leading to acquittal.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
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