RAJAPANDI Vs. STATE

JUDGEMENT

(1.) Challenge is made to a Judgment of the Court of Sessions Division, Virudhunagar at Srivilliputhur made in S.C.No.180 of 2007, dated 07.11.2008, whereby the appellant shown as A1 stood charged along with two others shown as A2 and A3 under Sections 394 r/w 397 and 302 I.P.C., tried and the appellant/A1 was found guilty under Section 302 I.P.C. and awarded life imprisonment along with fine and default sentence and also found guilty under Section 394 r/w 397 and awarded Rigourous Imprisonment for 10 years with fine and default sentence, but, A2 and A3 were acquitted of the charge under Sections 394 r/w 397 and 302 I.P.C.

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

(3.) Advancing arguments on behalf of the appellant, the learned counsel inter-alia would submit that the prosecution has miserably failed to prove its case. The whole case rests on the evidence of P.Ws.1 and 2. P.W.2 is the brother of the deceased and P.W.1 is the close friend of the deceased. According to P.W.1, the occurrence has taken place at 7.00 P.M. on 28.02.2007, when he was in the company of the deceased and going around the lands which were to be plotted out by the deceased. According to P.W.1, only two persons came to the spot, when the occurrence has taken place, which is contrary to the earlier documents Exs.P.21 and 22, Accident Register copies, wherein it is mentioned as three unknown persons. Apart from that, though it is true that he has identified the appellant/A1 at the time of identification parade and also in the Court, he could not give proper evidence by whom the injuries were inflicted.