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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Nagarajan – Appellant
Versus
State Rep. by the Inspector of Police, Thiruchuli Police Station – Respondent
JUDGMENT :
R. POORNIMA, J.
1. This Criminal Appeal is filed against the conviction and sentence passed against the appellants/accused 1 & 2 in the judgment dated 06.09.2022 made in S.C.No.77 of 2019 by the Additional District and Sessions Court, Virudhunagar, in which judgment, Accused 1 & 2 had been convicted for offence punishable under Section 302 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.5,000/- each in default to undergo one year rigorous imprisonment.
2. The case of the prosecution in brief is as follows:
(a) The accused A1 and A2, along with the juvenile accused Udhayakumar, had previous enmity with the deceased regarding the illegal consumption of water, which had been objected to by the deceased. On 27.09.2018, at about 7.20 p.m., the complainant was informed that A1 and A2, along with the juvenile accused, had quarrelled with his brother in connection with the administration of the village and requested him to immediately come to Udayanendal Bus Stand.
(b) Immediately, at about 7.45 p.m., the complainant and others went to the place of occurrence with a torch light and witnessed the accused quarrelling with his brother Pasupathi, and restrain
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
The prosecution failed to establish a reliable case due to contradictions in witness testimonies and unexplained delays in lodging the FIR, leading to acquittal.
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.
The prosecution must prove guilt beyond reasonable doubt, and significant procedural irregularities or unreliable witness testimony can lead to an acquittal.
The main legal point established in the judgment is the importance of reliable and convincing evidence in proving the guilt of the accused beyond reasonable doubt.
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