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Criminal LawSupreme Court of India

Selvaraj alias Chinnapaiyan v. State represented by Inspector of Police

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 892 of 2009)Decided 9 Dec 2014
Criminal Appeal No. 892 of 2009
Justice Vikramajit Sen · Justice Prafulla C. Pant

Background

A father was convicted of murdering his infant daughter by allegedly putting paddy seeds in her mouth and strangling her. The High Court upheld his conviction while acquitting his mother of abetment. He challenged the evidence, including contradictory family testimony and medical findings that did not establish a homicidal death.

Decision Breakdown

The Supreme Court allowed the appeal and set aside the murder conviction and sentence. The autopsy and forensic findings did not establish strangulation or another definite cause of death, and the medical opinion allowed sudden death syndrome. The three supposed eyewitnesses changed their accounts in cross-examination, while the nurse and recovery witnesses did not support the prosecution. Although a hostile witness's supported testimony need not always be discarded, corroboration was inadequate here. The Court directed release unless the appellant was required in another case.

Lesson Learnt

A murder conviction requires proof of the alleged killing, even where family circumstances create suspicion. Conflicting eyewitness accounts must be assessed with the medical and independent evidence rather than accepted selectively without adequate support.

Selvaraj alias Chinnapaiyan v. State represented by Inspector of Police – Legal Case Shots | LegalAware