VANAMAMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) VANAMAMALAI and Sudalai Muthu - the appellants herein were convicted for the offences under Sec.302 read with Secs.34, 394 and 397 of the Indian Penal Code. Though they were sentenced to undergo imprisonment for life in respect of the offence under Sec.302 read with Sec.34 of the Indian Penal Code, there was no separate sentence imposed upon them for the offences under Secs.394 and 397 of the Indian Penal Code. Aggrieved by the said conviction, the appellants have preferred this appeal.

(2.) THE factual matrix leading to the conviction could be briefly stated as follows:

(3.) WE have given our anxious consideration to the submission made by the learned counsel on either side. Admittedly, in this case, there is no eyewitness. The entire case hinges upon various pieces of circumstantial evidence. It is settled law that in a case of circumstantial evidence, the prosecution has to prove various pieces of circumstantial evidence that the accused alone had committed the crime in question and while the same is to be established, the prosecution should show that the chain of circumstances is complete without any missing link. Even if one link is missing, then the accused would be entitled for the benefit of doubt.