MUTHU Vs. STATE

JUDGEMENT

(1.) Challenge is made to the judgement of the Additional Sessions Division, Fast Track Court-II, Coimbatore District made in S.C.No.115 of 2009 whereby the sole accused/appellant stood charged, tried and found guilty of murder and awarded life imprisonment along with fine of Rs. 1,000/-, in default, to undergo six months rigorous impirsonment.

(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, Mr.N.Duraisamy, the learned counsel would submit that in the instant case, according to the prosecution, the occurrence has taken place at 4.30 p.m. on 8.7.2009 in front of the auto stand where P.Ws. 1 to 3, auto drivers were in the auto stand and witnessed the occurrence but no auto stand was shown in the observation mahazar or in the rough sketch which would indicate the fact that such an occurrence could not have taken place near the auto stand and the auto drivers P.Ws.1 to 3, the alleged eye witnesses, could not have seen the occurrence at all. Further, P.W.15 has categorically admitted that Ex.P1 was written by the head constable but the said Head Constable was not examined.