Conviction of man for murdering woman set aside

The Madras High Court Bench here has set aside the conviction and life sentence imposed on an individual hailing from Kundrakudi in Sivaganga district for hacking a woman to death since she resisted his attempt to sexually assault her in the village.

Allowing a criminal appeal preferred by M. Silamban, Justices M.V. Muralidaran and B. Gokuldas set aside the conviction and sentences imposed by a sessions court on April 26, 2013 on the ground that the latter had not exhaustively analysed materials available on record to arrive at a proper and definite conclusion.

The judges said the trial court had convicted the appellant not only under Section 302 (murder) but also under Section 376 (rape) of the Indian Penal Code, and punished him to life imprisonment and 10 years of rigorous imprisonment for the crimes respectively, though it was nobody’s case that the alleged offender had raped the woman before murdering her.


They also said the evidence adduced by the victim’s mother did not inspire the confidence of the court since it contradicted with the evidence adduced by other witnesses.

“Also the trial court has given a shallow finding that if the murder was for gain, the jewels worn by the deceased would have been removed from her.

“In the absence of any independent discussion in the light of oral or documentary evidence that the gold jewels worn by the deceased have not been removed or the same would have been entrusted to her family members after her death, the said finding has to be simply brushed aside,” the Division Bench said.