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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Thomas Selvam S/o. Royappan @ Murugesan – Appellant
Versus
State, through the Inspector of Police, Dindigul Town Police Station, Dindigul – Respondent
JUDGMENT :
N. ANAND VENKATESH, J.
The appellants (A1&A2) have filed the present appeal against the judgment of the learned Additional District and Sessions Judge, Dindigul made in SC No.186/2017 dated 09.12.2022 wherein the appellants were convicted and sentenced in the following manner:
The sentences were ordered to run concurrently.
2. The case of the prosecution is that the deceased Rajkumar was the younger brother of PW1. There was a civil dispute between the family of PW1 and the family of the accused persons. The mother of PW1 had initiated a civil suit against her brother Royappan @ Murugesan and she succeeded in the civil suit and had also taken possession of the property. The appellants herein, who are the sons of the said Royappan, developed an enmity with the family of PW1. With this motive, the accused persons are said to have conspired and decided to do away with the deceased and as a consequence, on 17.06.2017 at about 8.15 a.m., when the deceased was proceeding near Thomaiyar Church in his two wheeler, four accused persons intercepted him and threatened him and A1 attacked the deceased with MO1 in the forehead, back of the head and shoulder and caused multiple injuries.
Unexplained injuries on accused in same incident doubt prosecution genesis; benefit of doubt mandates acquittal despite eyewitness testimony.
THE EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
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....
Ocular evidence supported by medical reports prevails over minor discrepancies, reaffirming convictions for murder and related offences.
The conviction for murder was upheld despite minor discrepancies in witness accounts, highlighting the significance of corroborating medical evidence.
Eyewitness credibility upheld by medical evidence and timely FIR; inquest report does not discredit witnesses; conviction under S.302 IPC sustained.
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's failure to establish reliable eyewitness identification and conspiratorial actions led to the acquittal of all appellants due to reasonable doubt.
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