Order XLI Rule 23A CPC | Re-Trial Necessary When Crucial Parties Impleaded In Appeal: Telangana High Court Cannot Freeze Entire Bank Account For Small Disputed Sums: Rajasthan High Court Issues Comprehensive Guidelines Against Indiscriminate Account Freezes In Cyber Crime Probes 187(3) BNSS | No Extension Of Investigation Time Without Notice To Accused: Punjab & Haryana High Court Grants Default Bail In NDPS Case Road Widening Under Master Plan Cannot Be Stalled For Formal Land Acquisition, Section 305 Permits Direct Removal Of Encroachments: Madhya Pradesh High Court P&H High Court Quashes Preventive Detention Over 45-Day Delay In Informing Detenu Of Right To Represent 'Sole Allegation Of Torture Cannot Stand Alone': Andhra Pradesh High Court Acquits Husband Under Section 498A IPC After Dowry Demand Disproved Seeking Corroboration To Victim's Testimony Amounts To Adding Insult To Injury: Bombay High Court Upholds Rape Conviction Offences Of Cheating & Criminal Breach Of Trust Cannot Coexist On Same Facts: Calcutta High Court Quashes FIR Over Commercial Contract Dispute "Accident Alone Is Not Proof": Delhi High Court Acquits Bus Driver In 2003 Road Fatality Case, Rules Mere Speeding Or Collision Insufficient For Section 304A IPC Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike Unproven 1946 Oral Sale And Subsequent School Gift Cannot Convey Valid Title Over Tribal Land: Orissa High Court Orders Compensation After 80 Years ED Can Probe Money Laundering In J&K Corruption Cases: J&K High Court Rules S. 5(1)(d) J&K PC Act Corresponds To Amended S. 7 Of Central PC Act Not Mere Lip Service: Supreme Court Quashes GST Notice Under Section 74 Lacking Foundational Facts Of Fraud Or Suppression Selling Manufactured Goods At Factory Premises Doesn't Turn 'Industrial' Land Into 'Commercial' For Stamp Duty: Supreme Court Supreme Court Orders All States To Form Dedicated SITs To Probe Fake Motor Accident Claims, Warns Insurance Top Brass Against Selective Referrals Port Trusts Not Immune From Customs Duty On Pilfered Goods: Supreme Court Upholds Notification Declaring Mumbai Port Trust As Custodian Under Section 45

Inconsistencies in Witness Testimonies and Faulty Police Investigation: Supreme Court Acquits  in Murder Case

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India, in a significant judgment, has acquitted Periyasamy (A1) and R. Manoharan (A2) in the sensational murder case stemming from a quarrel at a wine shop. Justices Hrishikesh Roy and Sanjay Karol presided over the appeal against the Madurai Bench of the Madras High Court’s judgment, which had upheld the Session Court’s verdict convicting the duo.

The judgment turned on the admissibility and reliability of witness testimonies, the validity of the police investigation, and the prosecution’s failure to meet the standard of proof beyond reasonable doubt in criminal proceedings.

The case involved the murder of two individuals during a quarrel at Saravana Wine Shop in Neithalur Colony on March 3, 2002. Periyasamy and Manoharan were accused of the murder and convicted by the lower courts. However, the appellants challenged the veracity of witness testimonies and pointed out lapses in the police investigation.

The Supreme Court found several inconsistencies in the testimonies of injured witnesses and noted the absence of independent witnesses, despite the incident occurring in a crowded area. The Court also criticized the police investigation for its “casual and callous approach”, highlighting the absence of scientific investigation at the crime scene, non-examination of critical medical personnel, and failure to provide a clear sequence of events.

The Court emphasized, “In our estimation, the prosecution case stands shaken beyond a point to which no conviction resting thereupon can be said to be just in the eyes of law.”

Decision: The Supreme Court allowed the appeals and acquitted A1 and A2, setting aside their convictions. The judgment underlined the principle of criminal convictions being based on evidence that meets the standard of proof beyond reasonable doubt, which, in this case, was not satisfied.

 Date of Decision: March 18, 2024

“Periyasamy vs. The State Rep. By the Inspector of

Latest Legal News