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MADRAS HIGH COURT
R. Pandian, J.
In re Gabriel v.
| Table of Content |
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| 1. appellant convicted under s.304 for assault resulting in death. (Para 1 , 2 , 3) |
| 2. discrepancies in witness testimonies raise doubts on reliability of prosecution claims. (Para 4 , 5) |
| 3. fir discrepancies cast doubt on the prosecution narrative and witness credibility. (Para 6 , 7 , 16) |
| 4. court stressed importance of timely fir for evidentiary integrity. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. acquittal granted based on reasonable doubt in the prosecution's case. (Para 17) |
1.The appellant who was charged of an offence under S.302, Indian Penal Code, but convicted under S.304, Part II, Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of three years, has preferred this criminal appeal, challenging the abovesaid conviction and sentence passed by the learned Sessions Judge. Kanyakumari in Sessions Case No.2 of 1974 on his file.
2. The case of the prosecution is as follows: The deceased, Savariaradimai, had two sons viz., Chelliah and Augustin. Chelliah's son is one Anjalees, who is examined as P.W.1. The deceased was doing business in tamarind. P.W.1 was assisting and helping the deceased in his trade. So, the deceased used to give him a sh
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