Supreme Court · 2008 INSC 42 · Decided 11 January 2008
K.T. Palanisamy v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 42 · [2008] 1 S.C.R. 581
- Case number
- CRIMINAL APPEAL No. 1107/2005
- Decided
- 11 January 2008
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 1208, 379, 34, 109
Headnote
~ Penal Code, 1860: ss.302, 1208 r.w. ss.34 and 109 - Dead body of deceased not found - Conviction for murder of deceased based on circumstantial evidence - Justification of c - Held: Not justified - No evidence in regard to death - Nothing to show that current in river was suc;h as to take dead - All prosecution witnesses related to deceased - Difficult to believe that all witnesses saw deceased accompanying accused persons one D after the other at different places - Thus, chance of their ~ deposing falsely not ruled out - When circumstantial evidence made basis for establishing
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