RAJA Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgement dated 16.9.2009 passed by the learned Principal Sessions Judge, Namakkal in S.C. No.66 of 2009, whereby he stood charged, tried and found guilty for the offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- in default to undergo Rigorous Imprisonment for one year

(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 in the instant case, the prosecution has miserably failed to prove its case either by direct or by circumstantial evidence. The occurrence had taken place on 16.8.2009 at 5.30 p.m. The only witness examined by the prosecution as if witnessed the occurrence was P.W.3 whose house is situated 1 km. away from the place of occurrence. The evidence of P.W.3 is that at the time of occurrence, she was standing nearby her house. After hearing the wordy altercation between the accused and the deceased, P.W.3 came from her house. Hence, it is quite clear that P.W.3 could not have seen the occurrence at all.