LAWS(MAD)-2019-10-24

K THOOSIMUTHU @ SARAVANAN Vs. STATE OF TAMIL NADU

Decided On October 16, 2019
K Thoosimuthu @ Saravanan Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This is a textbook case as to how a fatal procedural lapse both in the manner in which the case was investigated and the manner in which the trial Court had dealt with the cases, has derailed the criminal case which involves a double murder committed for gain. The facts as they unfold infra will reveal the disappointment expressed by this Court in this prelude.

(2.) One set of appeals are filed by the accused persons, who were convicted by the trial Court and the other appeal is filed by the victim against the acquittal of the accused persons. Under normal circumstances, both these appeals should be dealt with separately, since separate charges have been framed and separate trial has been conducted and independent judgments have been rendered by the trial Court. However, there is a reason for rendering a common judgment in the above appeals and the said reason will get unfolded in the forthcoming discussion.

(3.) Brief Facts of the Case: