Supreme Court of India
Chandru @ Chandrasekaran v. State Rep. by Deputy Superintendent of Police Cb Cid and Anr.
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What the Court ordered
In view of the above discussion we allow both the appeals, set aside the judgment dated 30.11.2010 of the High Court in Criminal Appeal No.592 of 2010 and 636 of 2010 and judgment dated 24.09.2010 of the Additional District and Sessions Judge, Fast Track Court No.V, Chennai in S.C. No.237 of 2009.
Judgment, page 16
From the headnote
Penal Code, 1860: s.302 r/w. s. 120B – Murder – Prosecution case based on circumstantial evidence – Conviction by the trial court – High Court affirmed the conviction in appeal – On appeal, held : There was inconsistency in the statement of the complainant (P W1) – There was delay in filing private complaint – The private complai nt which was filed four years later was contrary to the first compl aint which was filed immediately after the incident – Evidence of PW1 and PW5 cannot be relied on as they did not come to the court with clean hands – The circumstances relied on by the prosecution
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