MURUGAN ALIAS RAJA ALIAS KOLLAMPALAM Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the learned Principal Sessions Division, Thoothukudi, in S.C.No.264 of 2007, dated 04.12.2008 whereby the appellant stood charged, tried and found guilty under Sections 341, 302 and 506(2) of IPC and awarded punishment as follows; One month simple imprisonment for the offence under Section 341 IPC; life imprisonment along with fine and default sentence for the offence under Section 302 IPC and three years rigorous imprisonment for the offence under Section 506(2) IPC.

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

(3.) Advancing the arguments on behalf of the appellant, the learned counsel would submit that the prosecution has miserably failed to prove its case. According to the prosecution, the occurrence took place at 2.15 p.m. on 17.05.2007 and now in the instant case, it is true that the prosecution has marched number of eyewitnesses, but the answers given by those witnesses at the time of the cross-examination would indicate that all of them were inimical to the accused and they were very close to the deceased. It is pertinent to point out that P.W.7, the Village President, and all the eyewitnesses came forward to give false evidence before the Court.