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august 2008

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.

Tamilselvan vs State Rep. By Inspector Of ... · Niyam