MANIVEL & ORS. versus STATE OF TAMIL NADU

MANIVEL & ORS. versus STATE OF TAMIL NADU

Conviction for murder under sections 302 and 201 IPC can be sustained solely on circumstantial evidence where the time gap between last seen alive and subsequent finding of the deceased is so short as to rule out involvement of any other person; evidence of prosecution witnesses establishes guilt beyond reasonable...

Source-derived case information.

Parties
Appellant: Manivel & Ors.; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
08 August 2008
Procedural Posture
Criminal Appeal / Final Disposition of Appeal From High Court Judgment Affirming Conviction
Outcome
Appeal dismissed. Conviction and sentence affirmed.
Legal Topics
Circumstantial Evidence, Murder, Last Seen Theory
Criminal Law Circumstantial Evidence Murder Last Seen Theory

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Parties

Manivel & Ors.

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Criminal Appeal / Final Disposition of Appeal From High Court Judgment Affirming Conviction

Legal Issues

  1. 1 Whether conviction can be sustained solely on circumstantial evidence
  2. 2 Applicability of 'last seen theory' in murder case

Ratio Decidendi

Conviction for murder under sections 302 and 201 IPC can be sustained solely on circumstantial evidence where the time gap between last seen alive and subsequent finding of the deceased is so short as to rule out involvement of any other person; evidence of prosecution witnesses establishes guilt beyond reasonable doubt.

Court Disposition

Appeal dismissed. Conviction and sentence affirmed.

Orders

  • Appeal is dismissed.