Supreme Court of India · 2008-08-05
Tamilselvan vs State Rep. By Inspector Of ...
- Citation / case number
- AIR 2009 SC (SUPP) 842
- Court
- Supreme Court of India
- Petitioner
- Tamilselvan
- Respondent
- State Rep. By Inspector Of ...
- Author
- Markandey Katju
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 302 IPC for murder, affirming the Madras High Court's decision which had acquitted the other accused. The Court noted significant inconsistencies between the FIR and the witness deposition, particularly regarding the identification of the accused, which raised doubts about the reliability of the evidence. The Court emphasized that the prosecution must establish the identity of the accused beyond reasonable doubt, leading to the conclusion that the conviction was justified despite the lack of named accused in the FIR.