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CRL. APPEAL (MD) NO. 643 OF 2023
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Murugan – Appellant
Versus
The Inspector of Police, Thiruthangal Police Station, Thiruthangal, Virudhunagar District – Respondent
| Table of Content |
|---|
| 1. prosecution case and murder motive established. (Para 1 , 2) |
| 2. investigation, recovery, and postmortem injuries detailed. (Para 3 , 4 , 5 , 6 , 7) |
| 3. trial proceedings and conviction by lower court. (Para 8 , 9 , 10 , 11 , 12) |
| 4. eyewitnesses unreliable; accused injuries unexplained. (Para 13 , 14 , 16 , 17 , 18) |
| 5. unexplained accused injuries doubt genesis; acquittal warranted. (Para 19 , 20 , 21 , 22 , 23) |
| 6. appeal allowed; appellants acquitted. (Para 24) |
JUDGMENT :
N. ANAND VENKATESH, J.
1. This criminal appeal has been filed assailing the judgment passed by the Additional District and Sessions Court, Srivilliputhur, in S.C. No. 43 of 2014, dated 24.03.2023, wherein the appellants were convicted and sentenced as follows:
The above sentences were ordered to run concurrently.
2. The case of the prosecution is that the deceased, who was the son of PW1, and the accused persons are known to each other. During the year 2012, one Muthupandi, who is the younger brother of A1, the deceased, and one Maharaja went to a Murugan temple and the younger brother of A1 fell down and died. A1 presumed that it is only because of the deceased, who pushed down his brother, the incident h
Unexplained injuries on accused in same incident doubt prosecution genesis; benefit of doubt mandates acquittal despite eyewitness testimony.
Eyewitness credibility upheld by medical evidence and timely FIR; inquest report does not discredit witnesses; conviction under S.302 IPC sustained.
The main legal point established in the judgment is the need for reliability and consistency in witness testimonies and evidence presented by the prosecution to establish guilt beyond reasonable doub....
The prosecution's failure to establish reliable eyewitness identification and conspiratorial actions led to the acquittal of all appellants due to reasonable doubt.
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 prosecution must prove the guilt of the accused beyond reasonable doubt. If there is any doubt as to the guilt of the accused, the accused must be acquitted.
A conviction for a grave offense cannot be sustained on the basis of inconsistent eyewitness accounts and an uncorroborated dying declaration, especially when the investigation is characterized by si....
The prosecution must establish guilt beyond reasonable doubt; inconsistencies and procedural failures in witness accounts can lead to acquittal.
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