Prolonged Pre-Trial Detention and Right to Liberty Cannot Be Ignored” - Punjab & Haryana High Court Emphasizes Bail as the Rule Taxation Law | Andhra Pradesh High Court Rules Hotel’s Expenditures on Carpets, Mattresses, and Lampshades are Deductible as Current Expenditures Orissa High Court Upholds Disengagement of Teacher for Unauthorized Absence and Suppression of Facts In Disciplined Forces, Transfers are an Administrative Necessity; Judicial Interference is Limited to Cases of Proven Mala Fide: Patna High Court Act Of Judge, When Free From Oblique Motive, Cannot Be Questioned: Madhya Pradesh High Court Quashes Disciplinary Proceedings Against Additional Collector Registration Act | False Statements in Conveyance Documents Qualify for Prosecution Under Registration Act: Kerala High Court When Junior is Promoted, Senior’s Case Cannot be Deferred Unjustly: Karnataka High Court in Sealed Cover Promotion Dispute Medical Training Standards Cannot Be Lowered, Even for Disability’ in MBBS Admission Case: Delhi HC Suspicion, However Strong It May Be, Cannot Take Place Of Proof Beyond Reasonable Doubt: Himachal Pradesh High Court Upholds Acquittal No Detention Order Can Rely on Grounds Already Quashed: High Court Sets Precedent on Preventive Detention Limits Tenant's Claims of Hardship and Landlord's Alternate Accommodations Insufficient to Prevent Eviction: Allahabad HC Further Custodial Detention May Not Be Necessary: Calcutta High Court Grants Bail in Murder Case Citing Lack of Specific Evidence High Court, As A Constitutional Court Of Record, Possesses The Inherent Power To Correct Its Own Record: Bombay High Court

Kerala High Court Upholds Conviction in Murder Case: "Circumstantial Evidence Conclusively Establishes Guilt"

07 May 2024 8:19 AM

By: Admin


In a significant judgment dated March 19, 2024, the Kerala High Court, presided over by Justices P.B. Suresh Kumar and Johnson John, upheld the conviction of Chenthamarakshan for the murder and robbery of Preethi. The Division Bench, while dismissing the appeal in Criminal Appeal No.94 of 2018, reaffirmed the principle that circumstantial evidence, when conclusive, can be the basis for conviction.

The Court observed, "the following conditions must be fulfilled in order to hold that an accused in a case on circumstantial evidence is guilty of the offence for which he is charged." The detailed judgment delineates how each piece of circumstantial evidence, including the recovery of the victim's body, bloodstains in her bedroom, and the accused's known financial troubles, contributed to a chain of evidence leaving no reasonable doubt of Chenthamarakshan's guilt.

The case, originally filed in the Court of the Additional Sessions Judge - IV, Palakkad, involved Chenthamarakshan, who was convicted and sentenced for offences under Sections 302, 449, 450, 392, 394, and 201 of the Indian Penal Code. The prosecution's case was primarily based on circumstantial evidence, as there was no direct evidence linking Chenthamarakshan to the crime. The appeal challenged the sufficiency of such evidence.

In the course of the trial, the prosecution presented various witnesses, including the victim's daughter, neighbors, and individuals who had seen Chenthamarakshan on the day of the incident. Notably, mobile phone records placed Chenthamarakshan near the crime scene, and his movements to Tamil Nadu, where the victim's body was found, were tracked.

The Court meticulously analyzed each piece of evidence presented, noting in particular the recovery of stolen items from Chenthamarakshan's house and the forensic evidence confirming the identity of the victim's body. Justice Kumar emphasized the importance of considering circumstantial evidence in its entirety, stating, "the circumstances established in this case, especially circumstances (iii), (v), (vi), (ix), (x), (xvi) and (xvii) would establish beyond doubt that the robbery and murder took place in the very same transaction."

The judgment reinforces the legal principle that circumstantial evidence can be a robust basis for conviction in criminal cases, provided it forms a complete and unbroken chain pointing conclusively towards the accused's guilt. The decision of the Kerala High Court in dismissing the appeal serves as a notable precedent in cases reliant on indirect evidence.

Date of Decided : 19-03-2024

CHENTHAMARA @ CHENTHAMARAKSHAN Vs. STATE OF KERALA 

Similar News