LAWS(MAD)-2000-6-26

SANNASI MUTHIAH Vs. STATE

Decided On June 23, 2000
SANNASI ALIAS MUTHIAH Appellant
V/S
STATE BY INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI Respondents

JUDGEMENT

(1.) THE appellant, who will be hereinafter referred to as an accused, had been convicted for an offence of murder by the learned Sessions Judge, Ramnad and on being convicted, he was sentenced to imprisonment for life. Hence, the present appeal.

(2.) THE allegation against the accused is that at 2.30 p.m. on 14.7.89, he caused the death of Samyadurai by beating with, Pestle, M.O.1, on the cheek, chest and other parts of the body.

(3.) BEFORE the trial Court, the prosecution tried to prove its case through circumstantial evidence, since admittedly the occurrence was not witnessed by anyone. It is a settled law, that where the prosecution in relies upon circumstantial evidence, the prosecution should prove all the links in the chain of circumstances and that even if one link is found missing, the prosecution case has to be rejected. (vide C.K. Raveendran v. State of Kerala , 2000 (1) SCC 225.