The acquittal based on insufficient evidence was overturned, highlighting that credible eyewitness testimony and medical corroboration can substantiate a conviction even amidst minor discrepancies.

JUDGMENT

(Judgment of the Court was made by the Hon'ble P.VELMURUGAN J.)

This criminal appeal is filed against the judgment of acquittal passed by the learned Additional District and Sessions Judge, (FTC), Theni, in SC No.48 of 2016, dated 27/11/2019 and to set aside the same and consequently to convict the respondent/accused.

2.The case of the prosecution that the accused had love affair with the deceased Saranya and the deceased got engagement with another person and so, on 22/01/2015 at about 05.00 am, the accused went to the house of the deceased with an intention to murder her and assaulted the deceased indiscriminately on the face, neck, chest etc., in the presence of her mother and sister and caused the death of the deceased.

3.Based on the complaint given by the de-facto complainant who is the mother of the deceased, the Police registered a case in Crime No.31 of 2015 for the offences punishable under Sections 323 and 302 IPC against the accused. On completion of the investigation, the Police laid a charge sheet before the learned Judicial Magistrate, Andipatti and the same was taken on file as PRC No.15 of 2015. After completing the formalities, since the offences are triable exclusive by the Court of Session, the case was committed to the Principal District and Sessions Judge, Theni and it was taken on file as SC No.48 of 2016 and thereafter, the same was made over to the Additional District and Sessions Court, (FTC), Theni, for disposal.

4.After completing the formalities, since there were prima facie materials to frame charges against the respondent/accused the learned Additional District and Sessions Judge, (FTC), Theni, framed the charges for the offences punishable under Sections 323 and 302 IPC.

5.In order to prove the charges against the accused, on the side of the prosecution, 35 witnesses were examined as PW1 to PW35 and 24 documents were marked as Exs.P1 to P24, besides marking 17 material objects as MO1 to MO17.

6.When the accused was questioned under Section 313 Cr.P.C in respect of the incriminating circumstances appearing against him on the evidence adduced by the prosecution, the accused denied the same as false. On the side of the defence, no oral or documentary evidence was adduced.

7.After completing the trial and upon hearing the arguments advanced on either side and also considering the oral and documentary evidence, the learned Additional District and Sessions Judge, (FTC), Theni found that the prosecution has not proved the guilt of the respondent/accused and acquitted the respondent/accused.

8.Now the State has filed the present appeal before this Court, challenging the judgment of acquittal.

9.The learned Additional Public Prosecutor appearing for the appellant State would submit that the prosecution has proved its case beyond all reasonable doubt, whereas the trial Court failed to consider the evidence of the eye witnesses and the medical evidence and also recovery and had given benefit of doubt based on the immaterial contradictions and discrepancies. Further, he would submit that stab on the deceased has caused the death, according to the postmortem report (Ex.P13) and the same was also corroborated by the evidence of the eye witnesses namely PW1 who is the mother of the deceased and PW2 who is the sister of the deceased; The trial Court relied on mere suggestion put in the cross examination to PW1 and PW2 without any corroborating materials and came to the conclusion that the deceased lived with the accused at Hosur and she did not work at Erode, but the trial Court failed to give proper reason for re