CHENNAI: Seven of a family in Salem who were convicted with a life sentence for murdering a farmer due to a water sharing dispute, got a reprieve from the High Court as it overturned the order of conviction passed by the trial court.
A division bench of Justices SS Sundar and Sunder Mohan recently allowed an appeal filed by the seven convicts and set aside the order of the Third Additional Sessions Judge, Salem, after finding the conviction order was based on uncorroborated evidence and unexplained contradictions.
The persons who were set free are K Malligeswari, K Senthilkumar, Sathiyavani, Yuvaraj, Manickkam, Thangam and Gomathi of Thenkumari village, Salem district. They were accused of murdering one Venkatachalam, who owned farmland adjacent to Malligeswari’s residence, by pushing him into a well after attacking him with weapons back in 2015. The trial court sentenced all seven to life for murder under Section 302 of IPC. They filed an appeal in the High Court challenging the conviction. Senior counsel A Natarajan appeared for the appellants.
The High Court found the prosecution was unable to prove the charges beyond reasonable doubt and also the absence of explanations for material contradictions. It further stated the wife of the deceased and her mother had a motive to implicate the appellants.
“Hence, this court holds that the prosecution has not proved its case beyond all reasonable doubt and the conviction based on uncorroborated evidence and materials with unexplained contradictions cannot be sustained, and so, the trial court’s judgement has got to be made undone by upsetting the same and the appellants are entitled to acquittal,” the court ordered.