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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
George – Appellant
Versus
State, rep by its, The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari – Respondent
| Table of Content |
|---|
| 1. prosecution case summary and trial proceedings. (Para 1 , 2 , 3 , 4) |
| 2. appellant challenges fir delay, child witnesses, recovery, motive, injuries. (Para 5) |
| 3. prosecution defends reliability of evidence and witnesses. (Para 6) |
| 4. guilt proved; appeal dismissed, conviction confirmed. (Para 10) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
1.The appellant / Accused No.1 in S.C.No.139 of 2016 on the file of the learned Court of Sessions Fast Track Mahila, Kanniyakumari District at Nagercoil has filed this appeal challenging the following conviction and sentence imposed against him in the impugned judgment dated 20.10.2022.
2.The brief facts of the case
2.1. The prosecution case, in brief, is that the deceased was the wife of the appellant, and the couple had two minor children, a male child aged about 10 years and a female child aged about 6 years. The appellant was employed as a mason in Dubai and had returned to India about 20 days prior to the occurrence. It is alleged that the appellant harboured suspicion about the fidelity of his wife, which led to frequent quarrels between them. On account of such suspicion, he developed animosity towards the deceased.
2.2. On 21.10.2015, at abo
Child witnesses' reliable testimony, S.106 Evidence Act burden in home murder, and unexplained minor accused injuries do not vitiate prosecution case upheld conviction.
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....
Murder conviction quashed for lack of proof that specific appellants inflicted fatal blow; eyewitness contradictions, medical evidence allowing death by fall, parity with acquitted co-accused, and un....
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....
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
The prosecution proved beyond reasonable doubt that the accused had intentionally inflicted fatal injuries, leading to the conviction under multiple sections of the IPC.
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