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2026 Supreme(Online)(Mad) 19256

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL, JJ
Everest – Appellant
Versus
The Inspector of Police, Vellisanthai Police Station, Manavalakurichi Taluk, Kanyakumari District. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Gandhi, Senior Counsel M/s.Ajmal Associates
For the Respondents: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

Table of Content
1. summary of the case background and prosecution's key evidence. (Para 1 , 2 , 10)
2. court's evaluation of the evidence and doubts relating to credibility. (Para 20 , 21 , 26)
3. issues with dying declaration and need for corroborative evidence. (Para 28 , 29)
4. conclusion on the appeal's outcome and acquittal. (Para 33)

(Judgment of the Court was delivered by N.ANAND VENKATESH, J)

This criminal appeal has been filed challenging the judgment passed by the Mahila Fast Track Court, Nagercoil, in S.C.No.91 of 2016 dated 16.03.2023 wherein, the appellant was convicted and sentenced in the following manner:

Provision under which convicted Sentence
Sec. 449 of IPC 10 years Rigorous Imprisonment and fine of Rs.5,000/-, in default to undergo 2 years Rigorous Imprisonment.
Sec. 302 of IPC Life imprisonment and fine of Rs. 5,000/-, in default to undergo 2 years Rigorous Imprisonment.

2. The case of the prosecution is that there was a love affair between the deceased and the accused person. The family of the deceased came to know of the same and hence, she broke the relationship with the accused. However, the accused person is said to have conti

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