Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 56609

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. R.N.MANJULA, J
1.N.Kathirvel – Appellant
Versus
State represented by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District. – Respondent
Crl.A. (MD)Nos. 40, 41 and 292 of 2018|S.C.No.94 of 2017

Advocates:
For the Appellants/Petitioners: Mr. M.Subash Babu, Mr.K.Gokul, Mr.D.Anbarasu, Mr.Niranjan S.Kumar, Mr.D.Balamurugapandi
For the Respondent:Mr.A.Albert James In all appeals Government Advocate(Crl.side)

The court emphasized the need for direct evidence in criminal cases, ultimately convicting certain accused based on reliable eyewitness testimony amidst investigation flaws.

Headnote:(A) Indian Penal Code - Sections 395, 397, 450, 451, 392 - Conviction on robbery and dacoity - Accused 1 to 6 charged; A1 and A6 acquitted due to insufficient evidence, while A2 to A4 convicted under lesser offences of robbery and house trespass with respective imprisonment. Findings include reliance on eyewitness consistency and flaws in police investigation. (Paras 29-31)

(B) Prosecution's burden and evidentiary standards - Doubts raised on accusations against A1 based solely on co-accused’s statements, emphasizing the need for direct evidence. (Paras 22-26)

Facts of the case:
The accused were charged for conspiring dacoity in the house of a complainant along with two others whose cases were separated. The prosecution claimed substantial valuables were stolen using threats and weapons. Evidence was largely circumstantial for some accused, with inconsistencies noted in eyewitness testimonies.

Findings of Court:
A1 and A6 acquitted; A2 to A4 found guilty of lesser offences and sentenced appropriately, taking into account time served. The judgment noted significant lapses in investigation and witness corroboration.

Issues: The court addressed evidence reliability, the adequacy of witness testimonies, and standards of proof required for conviction.

Ratio Decidendi: With no direct evidence for A1 and A6, the court underlined the principle that every accused deserves the benefit of the doubt while confirming A2 to A4's roles based on consistent eyewitness accounts despite investigation gaps.

Result: Appeals allowed in favor of A1 and A6; A2 to A4 convicted for lesser charges.

Table of Content
1. accused charged with robbery and dacoity based on eyewitness accounts. (Para 3 , 4)
2. court assessed inconsistencies in testimony and evidence collection. (Para 5 , 11 , 12)
3. conviction criteria emphasize direct evidence; benefit of the doubt applied. (Para 9 , 18 , 22 , 29)
4. final determination based on evidentiary standards resulting in partial allowance. (Para 30 , 31)

COMMON JUDGMENT

Crl.A(MD)No.40 of 2018 has been filed by A2 to A4, Crl.A(MD)No.41 of 2018 has been filed by A6 and Crl.A(MD)No.292 of 2018 has been filed by A1 challenging the judgment of the learned Additional District and Sessions Court, Ramanathapuram, dated 11.01.2018 in S.C.No.94 of 2017.

2. The accused have been charged for the offences and found guilty and convicted and sentenced to undergo the punishment as under:

Rank of accused	Charges u/s	Conviction	Punishment
A1	395 IPC	395 IPC	5 years(R.I), fine Rs.1000/- i/d 3 months (S.I)
A2 - A4	450, 395 r/w 397 IPC	450, 395 r/w 397 IPC	For 450 IPC: 1 year(R.I) each, fine Rs.500/- each i/d 1 month (S.I) For 395 r/w397 IPC: (R.I)each, 7 years fine Rs.2000/- each i/d 6 months (S.I)
A6	395 IPC	395 IPC	4 years(R.I), fine of Rs.1000/-i/d 3 months (S.I)

3. The case of the prosecution is that the accused 1 to 6 along with two other accused namely Sibu and Giriraj, against whom the case has been split up, conspired together to commit dacoity in the house of P.W.1 on 24.02.2008 at about 9 p.m. They came in a Maruti Omni Van bearing Reg.No.TN-09-W-6907 to the house of P.W.1. While the accused 1 and 6 were waiting outside in the Van, the accused 2, 3, 4 and 5 along with one Giriraj and Sibu went to the house of P.W.1. Giriraj and the fifth accused stayed inside the compound of the house guarding the outer side and the accused 2,3,4, and Sibu went inside the house and by threatening the inmates of the house with knife, they looted 70 sovereigns of gold ornaments, 4 watches and a cash of Rs.1,96,000/- and then pushed and confined all the house mates in the kitchen, locked them and fled away. The occurrence is said to have been taken place at 9. p.m on 24.02.2008. After the accused left from the place of occurrence P.W.1, Noor Mohamed, had given a complaint (Ex.P.1) at about 11.00 p.m and FIR was registered. After completion of investigation, charge sheet was filed against A1 for the offence under Section 395 IPC , and against A2 to A4 for the offence under Section s 450 , 395 r/w 397 and against A6 for the offence under Section 395 . After the case was taken up, charges were framed. The accused denied the guilt and claimed to be tried. At the conclusion of the trial, the accused were found guilty and convicted and sentenced to undergo the punishment as stated above. Aggrieved over that, these appeals have been filed.

4. The learned counsel for the appellant in Crl.A(MD)No.292 of 2018, who is the first accused in this case, submitted that there is a contradiction in FIR and the complaint; the first accused has been implicated in this case after his arrest in some other case and only based on his confession, hence, his involvement is doubtful; no eye witness has spoken about the fact that the first accused was standing outside; the rough sketch has been prepared to show that the guard was standing outside the house; P.W.7, who has spoken about the alleged recovery from the first accused, has turned hostile; scientific evidence like finger prints, have not been gathered from the place of occurrence and no call records have been collected and subjected to scientific examination; the first accused was implicated merely on suspicion without the supporting testimonies of any witnesses; the witnesses who have spoken about the involvement also had not supported the case of the prosecution, and hence the first accused ought to have been acquitted.

5. The learned counsel for the appellants in Crl.A(MD)No.40 of 2018, who are arrayed as the accused 2 to 4 have also adopted the points of the arguments advanced by the appellant in Crl

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2025 Supreme(Online)(Mad) 56609

IN THE HIGH COURT OF JUDICATURE AT MADRASDr. R.N.MANJULA, J1.N.Kathirvel – AppellantVersusState represented by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District. – RespondentCrl.A. (MD)Nos. 40, 41 and 292 of 2018|S.C.No.94 of 2017

The court emphasized the need for direct evidence in criminal cases, ultimately convicting certain accused based on reliable eyewitness testimony amidst investigation flaws.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. R.N.MANJULA, J
1.N.Kathirvel – Appellant
Versus
State represented by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District. – Respondent
Crl.A. (MD)Nos. 40, 41 and 292 of 2018|S.C.No.94 of 2017