A Madras High Court’s division bench comprising of Justice P.N.PRAKASH and Justice R.PONGIAPPAN on Tuesday granted bail to a person convicted under IPC sec 302.
The Case in brief:
According to the case of the prosecution, the 2 nd accused was the wife of the deceased. She developed illicit intimacy with the 1 st accused/petitioner. The deceased came to know about the alleged illicit intimacy of her wife with the petitioner. Aggrieved by the act of his wife, the deceased confronted his wife and the petitioner. After the confrontation, the petitioner and the wife of the deceased decided to do away with the deceased. Consequently, the petitioner assaulted the deceased with a wooden log on his head and thereafter, the deceased died in the occurrence place itself.
The petitioner was convicted by the sessions court under IPC sec 302 and the wife of the deceased was acquitted.
Court’s observation and decision:
After hearing both sides, the HC observed, “It is seen that the entire prosecution case rests upon the circumstantial evidence and only upon the confession statement given by the accused, they were implicated in the present case. Further, some of the witnesses have not supported the case of the prosecution”
Considering the time spent by the petitioner in prison and the fact that the appeal will not be taken up for hearing in near future the division bench granted to suspend the conviction order against the petitioner and granted him bail.
Story by Harshwardhan Pawar – Intern