NAZEER Vs. STATE

JUDGEMENT

(1.) By way of this appeal, the accused-appellant has questioned the judgment and order dtd. 9/11/2009 as passed by the High Court of Judicature at Madras in Criminal Appeal No. 93 of 2009, whereby the High Court, while dismissing the appeal, affirmed the judgment and order dtd. 20/1/2009, as passed by the Additional Sessions Judge, Puducherry at Karaikal in S.C. No. 56 of 2007, convicting the accused-appellant of the offences under Ss. 302 and 201 Indian Penal Code, 1860 ('IPC') and awarding varying punishments, including that of life imprisonment for the offence under Sec. 302 IPC.

(2.) The appellant has been held guilty of the offences aforesaid after the Trial Court and the High Court have concurrently found proved the entire chain of circumstances connecting the appellant with the killing of the victim Ravi, who was a driver on the car belonging to PW-1 Kumar @ Marumaiyan. Though, there had not been any eye-witness to the incident but, the Courts have found that the evidence led by the prosecution clearly established the connectivity of the appellant with the deceased with regular communications at the material point of time between them; and they having been seen together in the car in question. The Courts have further found that later on, a dead body found on the road-side was ultimately identified to be of the deceased Ravi by his brother PW-10 Meganathan with reference to the photographs; and the evidence established the dealings of the appellant with the car and its stepney after demise of the victim car driver Ravi. One of the strong circumstances relied upon by the prosecution has also been of the recovery of driving licence of the appellant with the dead body of the victim.

(3.) We have heard Mr. Atul Y. Chitale, learned senior counsel, ably assisted by Ms. Tanvi Kakar and Mr. A. Radhakrishnan for the appellant and Mr. Aravindh S., learned counsel for the respondent-State at some length.