MHC set asides life sentence imposed alleging murdering sister's husband

CHENNAI: The Madras High Court (MHC) has set aside the life sentence imposed on an accused in an alleged charge of murdering his brother-in-law out of family dispute.

Appellant Jeyakaran Issack moved the MHC seeking to set aside the life sentence imposed by additional district judge Vellore. The appeal was heard by a division bench comprising Justice R Suresh Kumar and K Kumaresh Babu.

Since the three statements of the deceased are recorded improved from time to time and are highly doubtful as it has rampant contradiction with each other, wrote the bench while setting aside the life sentence imposed on the appellant and acquitted him from the murder charge.

As there has been no eye witness most of the witnesses have turned hostile.

The very few witnesses who deposed before the trial court are the kith and kin of the deceased and moreover, all of them deposed stating that their statements were only based on hearsay, read the judgment. The bench also recorded that the prosecution by having cogent evidence has not proved the case beyond reasonable doubt.

According to the prosecution, the deceased Sankar is the husband of the appellant's sister. Since Sankar has been addicted to alcohol, he constantly had quarrels with his wife, said the prosecution. Due to Sankar's alcohol addiction and constantly having arguments with his sister, the appellant developed enmity. On February 24, 2017, the appellant planned to kill Sankar, as per the plan he threw plastic pockets containing kerosene on Sankar and set fire, with the help of his friends, said the prosecution. Sankar was taken to Adukambarai government hospital, and on March 1, 2017, he succumbed to death.

The police booked a case against Jeyakaran Issack under sections 341 and 302 of IPC. Later on July 30, 2018, the trial court at Vellore found the accused guilty and sentenced life imprisonment.