BASKAR @ KANNAN versus STATE OF TAMIL NADU

BASKAR @ KANNAN versus STATE OF TAMIL NADU

Trial Court and High Court rightly found the appellant guilty based on credible eyewitness (including injured witness) testimony. Evidence and reasoning provided by the High Court does not suffer from any infirmity. Absence of common object for murder established; conviction under Section 304 Part II IPC upheld.

Parties
Appellant: Baskar @ Kannan; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
20 January 2009
Procedural Posture
Criminal Appeal / Appeal Dismissed by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Appreciation of Evidence, Eyewitness Testimony
Criminal Law Murder Culpable Homicide Not Amounting to Murder Appreciation of Evidence Eyewitness Testimony

Case Brief

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Parties

Baskar @ Kannan

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Criminal Appeal / Appeal Dismissed by Supreme Court

Legal Issues

  1. 1 Whether conviction of appellant under Section 304 Part II IPC is sustainable
  2. 2 Whether evidence of witnesses related to the deceased is reliable

Ratio Decidendi

Trial Court and High Court rightly found the appellant guilty based on credible eyewitness (including injured witness) testimony. Evidence and reasoning provided by the High Court does not suffer from any infirmity. Absence of common object for murder established; conviction under Section 304 Part II IPC upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is without merit and is dismissed accordingly.