Court must note and consider vital contradictions and improvements made by material witness

Paramasivam vs State of Tamil Nadu

Madras HC, Madurai Bench

06/03/2015

Criminal Appeal (MD)No.586 of 2006

About/from the judgment:

In the light of the improvements made by material witnesses, in the course of their testimony with regard to the important aspect, coupled with the fact that in Ex.P.1, which came into existence at the earliest point of time, nothing has been stated about the harassment on the part of the appellant/first accused given to his wife that she is not beautiful as she is not fair in complexion, coupled with the legal position, as initiated in the above cited judgments, this Court is of the considered view that the prosecution has failed to prove the commission of the offence under Section 306 of Indian Penal Code on the part of the appellant/first accused beyond any reasonable doubt. The Trial Court has failed to take note of the vital contradictions in the testimonies of material witnesses. Therefore, the impugned judgment warrants interference.

Read the Judgment

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