CHENNAI: A division bench of the Madras High Court acquitted a man who was sentenced to life-term imprisonment by a trial court for killing another youth for establishing a love affair with a girl whom the accused wanted to marry.
The bench of Justice S Vaidyanathan and Justice AD Jagadish Chandira passed the orders on allowing the appeal filed by one Raman of Namakkal district.
The appellant prayed for a direction to set aside the order of Sessions Judge, Namakkal dated October 12, 2018 sentencing the accused to undergo life imprisonment with a penalty of Rs 2,000.
Senior Counsel S Shanmuga Velayutham, appearing for the appellant submitted that the entire case of the prosecution is based on circumstantial evidence resting on the motive of the previous enmity on account of a love affair, last seen theory, recovery of knives from the scene of occurrence, extra-judicial confession.
The prosecution submitted that the accused were arrested during the vehicle check-up and they have confessed to the offense based on which knives were used by the accused and the clothes worn by them were recovered.
Nevertheless, the bench held that it is trite to State that in a criminal trial, suspicion, however grave, cannot substitute proof.
“The case of circumstantial evidence, coupled with extra-judicial confession and scientific evidence with regard to the matching of blood group and in view of the discussions and reasons on the overall analysis of the evidence placed on record we come to the irresistible conclusion and opinion that the prosecution has failed to prove its case beyond all reasonable doubt,” the judges held and acquitted the appellant.
The case of the prosecution was one Sakthivel, a resident of Vennandur, Namakkal district who was in love with a girl. The accused here wanted to marry the same girl and developed one-sided love. Therefore, the accused planned to eliminate Sakthivel and executed the plan along with his friend Gautam on February 13, 2016.