KRISHNAKUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 29.10.2009 passed by the learned Additional District-cum-Sessions Judge, Fast Track Court No.2, Coimbatore in S.C. No.266 of 2008, whereby the appellant ranked as first accused along with second accused stood charged and tried for the offence under Section 302 of the Indian Penal Code and found the appellant/first accused guilty under Section 302 of the Indian Penal Code and awarded Life imprisonment and to pay a fine of Rs.1,000/- in default to undergo Rigorous Imprisonment for six months and acquitted the second accused.

(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 the occurrence had taken place on 16.3.2008 at 6.15 p.m.. To prove the case, the prosecution examined three witnesses. P.W.2 has turned hostile. Learned Trial Judge was not ready to believe the evidence of P.W.3 and rejected his testimony. The only evidence available is P.W.1.