On 6th April 2021, the Supreme Court dismissed the special leave of Shanmugam v. State by Inspector of Police, Tamil Nadu on the basis that sufficient evidence and circumstances are proved and are beyond a reasonable doubt.
Facts of the Case
In the above case, a Special leave was filed in Supreme Court against the judgment dated 26.02.2008 of the High Court of Judicature at Madras. The case facts are that the appellant was arrested by PW-1 (Sub Inspector of Police) on 09.09.2005 and was kept in custody in the same room as PW-2 ( deceased Head Constable: Constable Kaliappan). The appellant attempted to escape from custody by attacking PW-2 with an iron stool thus, causing his death. However, he was caught.
Upon investigation, a charge sheet was filed against the appellant and was heard in Additional Sessions Judge, Coimbatore in S.C. No.19 of 2006. The appellant however pleaded not guilty but after the trial was convicted under Section 302 of I.P.C and Section 224 r/w 511 of I.P.C and was charged a fine of Rs.500/- along with imprisonment for life.
Aggrieved by the order, the appellant appealed before High Court but after the analysis of the said facts was found guilty. Again, being aggrieved by the order, a special leave petition was presented in the Supreme Court.
The learned Counsel Mr V. Ramasubramanian, appearing on the behalf of the appellant, pleaded that the prosecution is based upon circumstantial evidence but there are no circumstances that prove the guilt of the accused-appellant beyond a reasonable doubt.
The learned counsel Mr M.Yogesh Kanna appearing on the behalf of the state stated that the Court should take a wholesome view instead of viewing circumstances in isolation. Further, it should be seen that whether a completed chain of events is proved or not.
By taking into consideration of all the above facts and pleadings from both the parties, the Supreme Court gave a judgment on 06.04.2021.
In this Judgment, the Supreme Court stated that the accused were to explain the condition of the death of the deceased. However, the accused failed to explain the death proves him to be guilty.
Further, the Supreme Court stated that a subsequential chain of complete events has been formed and is proved beyond a reasonable doubt.
CLICK HERE TO VIEW THE JUDGEMENT
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.