Case Note & Summary
The appellant, Murugesh, was convicted by the Additional District and Sessions Court, Kuzhithurai, for the murder of his father under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 17.10.2017, the appellant came to his father's residence, demanded money, and during a quarrel, attacked his father with a stone on the head and body, causing death. The de facto complainant (PW1), the appellant's brother, lodged a complaint, and the FIR was registered under Sections 294(b), 506(II), and 302 IPC. The trial court convicted the appellant based on the testimony of PW1 and other witnesses. On appeal, the Madras High Court examined the evidence and found that the prosecution relied solely on interested witnesses, including PW1, who was the brother of the appellant and son of the deceased. No independent public witness was examined to corroborate the occurrence. The medical evidence showed multiple injuries, but the doctor (PW8) could not specify the exact weapon used. The court noted that the recovery of the stone (MO1) was not witnessed by independent persons. The High Court held that the prosecution failed to prove its case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. Consequently, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on interested witnesses - The appellant was convicted for murdering his father by attacking with a stone. The High Court found that the prosecution relied solely on the testimony of the de facto complainant (PW1) and other interested witnesses, and no independent public witness was examined. The medical evidence did not corroborate the manner of attack. Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to benefit of doubt. (Paras 8-13)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the trial court are set aside. The appellant is acquitted of all charges and is directed to be set at liberty forthwith.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Absence of public witness
- Conviction set aside
- Section 302 IPC
