R KARUPPASAMY ALAIS KUMAR Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the learned Additional District and Sessions Judge/ Fast Track Court No.I, Madurai in S.C. No.73 of 2008 on 27.11.2008, whereby the first accused / appellant stood charged, tried and found guilty under Sections 364, 302 and 201 IPC and imposed punishment of 5 years R.I. with a fine of Rs.500/- and default sentence under Section 364 IPC, Life Imprisonment with a fine of Rs.1000/- and default sentence under Section 302 IPC and 3 years R.I. with a fine of Rs.500/- and default sentence under Section 201 IPC.

(2.) The short facts that are necessary for the disposal of this appeal can be stated as follows:-

(3.) Advancing arguments on behalf of the first accused / appellant, the learned counsel would submit that the prosecution has miserably failed to prove the case. According to the learned counsel, the prosecution had no direct evidence to offer. According to the prosecution, on 24.10.2004 at about 9.00 a.m., A1 and A2 came to the house of the deceased and took him. According to P.W.4, she was searching the deceased for a number of days and she has categorically admitted that she gave a complaint to the respondent-Police Station, but the same was not placed before the Court and the suppression of the said complaint would clearly indicate that had it been produced before the Court, it would have been against the prosecution case.