Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

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 

Latest Legal News