MURUGESAN Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal challenges a Judgment of the Court of Sessions Division, Fast Track Court, Pudukkottai, made in S.C. No. 82 of 2009, dated 21.01.2010, whereby the appellant/sole accused stood charged, tried and found guilty as per charge of murder and awarded life imprisonment along with fine and default sentence.

(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 Mr. S. Deenadhayalan would submit that according to the prosecution, the occurrence has taken place at 9.30 p.m. on 05.04.2009, and P.Ws.1 and 2 are the witnesses to the occurrence. Both the witnesses, who were examined by the prosecution are very close relatives of the deceased and lot of discrepancies are found in their evidence. P.W.1 has given Ex.P.1, wherein it is stated that one Baskaran was present, but he was not examined by the prosecution. It is quite clear that according to the witnesses, Police personnel came to the spot immediately and examined Bhaskaran and he also gave information to the police and the same was recorded. If to be so, apart from Ex.P.1, there should be another first information and that was suppressed. Had it been produced before the Court, it will give a different version from the prosecution story and hence, the suppression of the same has got necessary inference against the prosecution.