RAJANGAM Vs. STATE TAMILNADU

JUDGEMENT

(1.) - Delay condoned.

(2.) This is an appeal under Section 379 of the Code of Criminal Procedure read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. The sole applicant was tried for an offence punishable under Section 302, I.P.C. for causing the death of one Karuthammal, the deceased, by cutting her with a knife on her abdomen and left knee on 22-6-78 at about 9.30 p.m. as a result of which the deceased died in the Erskine Hospital, Madurai on 30-6-78. The case rested mainly on the evidence of P.Ws. I and 2, the eye-witnesses and other circumstantial evidence. The trial Court rejected the evidence of the eye-witnesses on the ground that they could not have been residing in the house in which the occurrence has taken place. In an appeal against the said acquittal the Division Bench of the High Court in an elaborate judgment considered the entire evidence on record and the reasons given by the trial Court in rejecting the same and reached the conclusion that the view taken by the trial Court is perverse and unreasonable and accordingly set aside the order of acquittal and convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. Hence the present appeal.

(3.) Mr. M. S. Ganesh, learned Counsel for the appellant submits that the Division Bench of the High Court has overlooked the fact that two views are possible in this case and erred in reversing the view taken by the trial Court which is also a reasonable one. In other words, the submission is that the prosecution has not established its case beyond all reasonable doubt and, therefore, the trial Court was right in acquitting the appellant.