STATE BY INSPECTOR OF POLICE, T.NADU vs RAKIAPPAN .

The Supreme Court set aside the acquittal of the accused by the Madras High Court, emphasizing that the High Court's conclusion regarding the unfitness of PW2 to give a statement was based on surmises. The Court noted that PW2 had regained consciousness shortly after the incident and was capable of providing a statement, as corroborated by medical evidence. The matter was remitted to the High Court for a fresh consideration of the evidence against the accused under Sections 302 and 307 read with Section 34 IPC.