LAWS(MAD)-2013-4-198

MUTHU Vs. STATE

Decided On April 01, 2013
MUTHU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE accused, who was sentenced to life under Section 302 IPC in the Sessions case in SC.No.28/2011 by the learned Sessions Judge No. II, Kanchipuram, seeks suspension of his said sentence.

(2.) DECEASED Viji is alleged to have developed illegal intimacy with PW4, Pachaiammal, wife of the accused. On 28.11.2010, the deceased was murdered. For this, prosecution has prosecuted the accused.

(3.) EACH circumstance must be 'incriminating' in nature. It must be 'proved'. The totality of such proved circumstances must form a 'complete chain' without any 'missing link' unerringly proceeding towards the accused as 'the author of the offence committed' See Navarasu Murder case Inspector of Police, Tamil Nadu v. John Devid1. 2011 (3) CTC 104. ; S.K. Yusuf v. State of West Bengal2. 2011(3) SCC (Civ) 20. and Thirupathi v. Inspector of Police, Mayanur. 2012 MLJ (Cri) 289.