SHANMUGA GANESAN ALIAS GANESAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Additional Sessions Division, Coimbatore, made in S.C.No.50/2010 whereby A-1 stood charged under Sec.302 of IPC, while A-2 and A-3 stood charged under Sec.201 of IPC, and on trial, they were found guilty as per the charges, and A-1 was awarded life imprisonment along with a fine of Rs.1000/- and default sentence, while A-2 and A-3 were awarded three years Rigorous Imprisonment along with a fine of Rs.500/- and default sentence.

(2.) SHORT facts necessary for the disposal of this appeal can be stated as follows:

(3.) THE learned Counsel would further add that in the instant case, the dead body was not identified; that the prosecution had no direct evidence to offer; that the evidence put forth by the prosecution is filled with doubts and suspicion; that in a given case like this where the prosecution case is rested upon circumstantial evidence, the prosecution must place and prove all the circumstances constituting a chain without a snap, but in the instant case, the circumstances placed were not proved; that even those circumstances were not sufficient to hold that the appellants/accused were guilty, but the trial Judge has taken an erroneous view, and hence the judgment of the trial Court has got to be set aside.