Alagupandi @ Alagupandian Vs. State of Tamil Nadu
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Head Note
Indian Penal Code,1860 - Section 302
Motive - Accused committing murder of his widow step-mother - There was no eye-witness - The motive that accused had ill will towards the deceased as she was enjoying entire property left by his father and did not give any money to accused - Accused convicted on basis of motive supported by cogent circumstantial evidence.
Indian Penal Code,1860 - Section 302
Relation witness - Murder Case - Evidence of brother of deceased relied upon - His pretence at the spot was proved - Held - Every witness, who is related to the deceased cannot be said to be an interested witness who will depose falsely to implicate the accused - Statement of every related witness cannot, as a matter of rule be rejected by the Courts.
The Indian Evidence Act, 1872 - Section 118
Child witness - A child witness can be competent witness and can form basis for conviction - The Court is however, to ensure that the witness is a reliable one, that his demeanour is like that of any other competent witness and that there was no likelihood of the witness being tutored.
Topic(s)-Motive , Child Witness , Relation Witness
Important Decision(s)-
- Every witness, who is related to the deceased cannot be said to be an interested witness.
- A child witness can be competent witness and can form basis for conviction.