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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Kadher Mohaideen – Appellant
Versus
State rep. by the Inspector of Police – Respondent
| Table of Content |
|---|
| 1. prosecution case: prior enmity led to fatal stabbing. (Para 2 , 3 , 5 , 6 , 7 , 8) |
| 2. trial court convicted based on evidence. (Para 9 , 10 , 11 , 12 , 13) |
| 3. defence challenges eyewitness credibility. (Para 14 , 15 , 16 , 17) |
| 4. eyewitnesses reliable, corroborated by medical evidence. (Para 18 , 20 , 21) |
| 5. appeal dismissed; conviction upheld. (Para 23) |
JUDGMENT :
N.ANAND VENKATESH, J.
The sole accused has assailed the judgment of the III Additional District and Sessions Judge, Thanjavur made in SC NO.260 of 2016 dated 26.10.2022 wherein the appellant was convicted and sentenced in the following manner:
| Offence | Sentence |
| 294(b) | simple imprisonment for three months and to pay a fine of Rs.500/-, in default, to undergo one month simple imprisonment |
| 302 | Imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three months |
2. The case of the prosecution is that the deceased was having a love affair with the elder sister of the accused. On coming to know of the same, the accused person and his relatives went to the house of the deceased and had a quarrel with the family of the deceased. Thus, there was a previous enmity with the decease
Eyewitness credibility upheld by medical evidence and timely FIR; inquest report does not discredit witnesses; conviction under S.302 IPC sustained.
Unexplained injuries on accused in same incident doubt prosecution genesis; benefit of doubt mandates acquittal despite eyewitness testimony.
Alteration of conviction from murder to culpable homicide not amounting to murder due to lack of premeditation.
A criminal conviction can be sustained solely on the testimony of a solitary eyewitness under Section 134 of the Indian Evidence Act, provided the testimony is reliable, unshaken during cross-examina....
The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient and inconsistent evidence led to the acquittal of the accused.
The testimony of eyewitnesses, especially injured witnesses, and the nature of injuries carry great weight in establishing guilt in criminal cases.
Evidence must unequivocally establish both the act and the intent for murder; minor discrepancies do not warrant overturning a conviction if the core facts are substantiated.
The court modified the conviction from murder to culpable homicide not amounting to murder, acknowledging the absence of premeditation in the crime.
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