Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2014 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (7) TMI 1256 - SC - Indian LawsConviction and sentence passed against the appellants for the offence under Section 364, 302 and 201 read with Section 34 IPC - murder of Manikandan - Held that:- In the FIR, Valarmathi (PW-1) had not disclosed the presence of Amirthavalli (PW-2) and Murugan (PW-4) at the scene of occurrence at Mariyamman Temple. Nothing was stated with regard to Amirthavalli (PW-2) and Murugan (PW-4). Valarmathi (PW-1) did not disclose the presence of Amirthavalli (PW-2) at the scene of occurrence. The deceased was last seen with accused Nos.1 and 4 by Village headman by name, super supparayan, who said to had been present at the place where the deceased was last seen in the company of accused, was neither named as prosecution witness nor examined. There was inordinate delay of more than six days in filing the complaint about the missing of Manikandan but Valarmathi (PW-1) has not explained the delay in lodging such complaint. In the present case as noticed above, the Sessions Judge convicted the accused Nos.1 to 3 on the basis of last seen evidence, the correctness of last seen version emanating from eye witness Valarmathi (PW-1), Amirthavalli (PW-3) and Murugan (PW-4) and as per the prosecution case is also doubtful, there being contradiction about place where the accused were last seen with the deceased Manikandan. The High Court had failed to appreciate the aforesaid fact and erred in affirming the order of conviction passed by the Sessions Judge. For the reasons aforesaid, we set aside the impugned judgment passed by the High Court of Judicature at Madras and impugned order of conviction and sentence passed by the Sessions Judge. The appeal is allowed. The appellants are directed to be released forthwith, if not required in any other case.
|