DHANABAL AND ANR. vs STATE OF TAMIL NADU

The Supreme Court upheld the conviction of the first appellant under Section 302 read with Section 149 IPC for murder, while acquitting the second appellant due to lack of evidence of overt acts. The Court emphasized that the second appellant was entitled to the benefit of doubt as there was no evidence of instigation or involvement in the fatal injury caused by the first appellant. The admissibility of witness statements recorded under Section 164 of the Criminal Procedure Code was affirmed, clarifying that the procedure followed was in accordance with Section 288 of the Code.