1972 (2) TMI 93 - SC - Indian Laws

Supreme Court acquits Thulia Kali due to unreliable evidence, overturns conviction

THULIA KALI Versus STATE OF TN.

Thulia Kali was initially convicted by the Sessions Judge under sections 302 and 379 IPC for causing death and theft, respectively. The High Court upheld ... - Issues:- Conviction under sections 302 and 379 of the Indian Penal Code- The prosecution's case and evidence- Examination of witnesses and their testimonies- Alleged recovery of knife and ornaments- Analysis of the evidence and judgmentConviction under sections 302 and 379 of the Indian Penal Code:- Thulia Kali was convicted by the Sessions Judge under section 302 IPC for causing the death of Madhandi Pidariammal and under section 379 IPC for theft of her ornaments. The accused was sentenced to death for the former charge, with no separate sentence for the latter offense. The High Court affirmed the conviction, leading to the accused appealing to the Supreme Court.The prosecution's case and evidence:- The prosecution's case revolved around a dispute over land between the accused and the deceased, culminating in a brutal attack on Madhandi resulting in her death. Witnesses testified to the events leading up to the incident, the assault itself, and the subsequent discovery of the deceased's body with severe injuries. The prosecution also presented evidence of the accused's alleged confession and the recovery of the murder weapon and stolen ornaments.Examination of witnesses and their testimonies:- Key witnesses included Kopia, who witnessed the attack, and Valanjiaraju, who was threatened by the accused. Their testimonies formed the basis of the conviction by the lower courts. However, the Supreme Court raised doubts about the veracity of their evidence due to inconsistencies and delays in reporting the incident to the authorities.Alleged recovery of knife and ornaments:- The prosecution relied on the recovery of the murder weapon and stolen ornaments at the instance of the accused. However, discrepancies in the statements of witnesses regarding to whom the accused entrusted the items, and the absence of crucial witness testimony, cast doubt on the prosecution's case.Analysis of the evidence and judgment:- The Supreme Court scrutinized the evidence presented by the prosecution and found significant inconsistencies and gaps that raised doubts about the guilt of the accused. The Court highlighted discrepancies in witness testimonies, delays in reporting the incident, and issues with the alleged recovery of evidence. Consequently, the Court concluded that the evidence was insufficient to sustain the conviction, leading to the acquittal of the accused.Conclusion:- The Supreme Court allowed the appeal, set aside the conviction of the accused under sections 302 and 379 of the Indian Penal Code, and acquitted the accused due to insufficiency and unreliability of the evidence presented by the prosecution.