PAULMELI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 6.10.2009, passed by the High Court of Tamil Nadu (Madurai Bench) in Criminal Appeal (MD) No.540 of 2008 affirming the judgment and order dated 18.11.2008, passed in Sessions Case No.18 of 2001 by the Addl. District & Sessions Judge (Fast Track Court), Ramanathapuram by which and whereunder the appellants had been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and awarded life imprisonment and a fine of Rs.2,000/- each, and in default to undergo further RI for six months.

(2.) The prosecution case is as under:

(3.) Ms. Shirin Khajuria, learned counsel for the appellants has submitted that the courts below have committed an error convicting the appellants on the evidence which has been totally disbelieved on the basis of which the other remaining 15 accused stood acquitted. More so, Paulmeli (PW.2), son of deceased did not support the case of the prosecution and another injured son of deceased, Vijayasamy was not examined by the prosecution. There was a complete darkness in the night thus, the question of identifying the appellants does not arise even while Malliga (PW.1) could not identify the appellants in darkness. More so, there had been material discrepancies in respect of the manner and number of injuries caused by the appellants to the deceased. Thus, the appeal deserves to be allowed.