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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Senthamarai @ Senthamarai Selvi – Appellant
Versus
State through the Inspector of Police, Soolakkarai Police Station – Respondent
| Table of Content |
|---|
| 1. prosecution case: family property dispute leads to fatal attack. (Para 1 , 2 , 3) |
| 2. immediate medical response and fir registration post-incident. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. investigation, trial charges, and proceedings completion. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. defense challenges eyewitness reliability and incident genesis. (Para 19 , 20 , 21) |
| 5. prosecution upholds injured witness and corroborative evidence. (Para 22 , 23 , 24 , 25) |
| 6. injured eyewitness testimony holds higher credibility pedestal. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. reject unreliable pw3; hostile witnesses partially corroborate. (Para 35 , 36 , 37) |
| 8. fir delay explained, not fatal to prosecution case. (Para 38 , 39 , 40) |
| 9. medical and forensic evidence corroborates ocular testimony. (Para 41 , 42 , 43) |
| 10. accused defenses rejected; trial court conviction upheld. (Para 44 , 45) |
| 11. appeals dismissed; sentences to be undergone. (Para 46) |
JUDGMENT :
N. ANAND VENKATESH, J.
1. These criminal appeals have been filed by A1 to A3 assailing the judgment passed in SC No.190 of 2017 dated 02.06.2023 on the file of the Additional District and Sessions Judge, Virudhunagar
Injured eyewitness evidence stands on higher pedestal; reliable without corroboration unless improbable. Delay in FIR, hostile witnesses' partial support, and medical/forensic corroboration sustain c....
The court upheld convictions for murder against the appellants, affirming that eyewitness testimony, supported by corroborative evidence, was reliable, and distinctions made in witnesses did not affe....
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.
A conviction in a criminal case cannot be sustained solely on the testimony of a single eyewitness if that evidence is categorised as neither wholly reliable nor wholly unreliable and lacks further i....
A conviction for murder can be sustained based on the credible testimony of a single eyewitness, corroborated by medical evidence and circumstantial facts establishing motive.
The court reclassified a murder charge to culpable homicide due to unresolved doubts regarding witness credibility and the actual circumstances of the incident.
The prosecution's failure to establish reliable eyewitness identification and conspiratorial actions led to the acquittal of all appellants due to reasonable doubt.
The prosecution must prove its case beyond reasonable doubt; mere suspicion is insufficient to convict, especially where witness credibility is in question.
Conviction requires not just evidence of guilt but also an established motive and reliable eyewitness accounts; procedural inaccuracies can compromise the prosecution's case.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
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