PRABHU Vs. STATE

JUDGEMENT

(1.)

(2.) THE present appeal is directed against the judgment and order of the learned Addl. Sessions Judge dated 12.09.1997 in SC No.144/95 whereby the Appellant (hereafter referred to as Prabhu) was accused of having committed the offence punishable under Section 302 IPC.

(3.) AFTER registration of the case and recording the statements of some of the material witnesses, the police claims to have arrested Prabhu on 05.07.1993, near the same place of occurrence. It was alleged that the accused's disclosure statement led to the recovery of the weapon of offence i.e., the knife, from the bushes behind the Timber Store. It was also alleged that the accused's disclosure led to the recovery of other incriminating articles such as blood splattered clothes including the T -Shirt etc. On the basis of all these, the Appellant, Prabhu was charged with the offence of committing the murder of the deceased. He denied the plea of guilt and claimed trial. The prosecution relied upon the testimonies of as many as 20 witnesses besides several material exhibits. After considering these, the Trial Court concluded on the basis of testimonies of PW -3 and PW -18 (latter being Ruksana, the minor daughter of deceased Munni) that Prabhu was guilty as charged and sentenced him to undergo life imprisonment besides directing him to pay a fine of Rs.500/ -. Aggrieved with his conviction, the Appellant has preferred the present appeal in this Court.