NAGARAJ Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment dated 8.3.2010 passed by the learned Principal District and Sessions Judge, Krishnagiri in S.C. No.63 of 2008, whereby the sole accused stood charged, tried and found guilty for the offences under Sections 302 and 506(2) of the Indian Penal Code and awarded punishment to undergo life imprisonment and to pay a fine of Rs.2,000/- in default to undergo six months Rigorous Imprisonment for the offence under Section 302 of the Indian Penal Code and to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/- in default to undergo Rigorous Imprisonment for three months for the offence under Section 506(ii) of the Indian Penal Code.

(2.) THE short facts necessary for the disposal of the case can be stated thus:

(3.) ADVANCING arguments on behalf of the appellant, learned counsel would submit that the occurrence had taken place at 6.00 p.m. on 1.3.2004. According to the prosecution, the occurrence was witnessed by P.Ws.1 to 4. Admittedly, P.W.1 is the son P.W.3 is the wife and P.W.4 is the daughter of the deceased. Apart from this, P.W.2 is shown as friend of P.W.1. When the Court was not ready to believe the evidence of P.Ws.2 to 4 and their evidence was not useful to the prosecution, the learned Trial Judge should not have believed the evidence of P.W.1 for the reason that P.W.1 is the son of the deceased and apart from that, P.W.1 has categorically claimed that he went to the police station and made a report at about 10 p.m. When the occurrence had taken place at 6 p.m. and the police station situated 6 k.m. away from the place of occurrence.