SERMADURAI Vs. STATE, INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to a judgment of the Principal Sessions Division, Tuticorin, made in S.C. No. 329 of 2007 whereby the appellant ranked as A-1, along with A-2 stood charged under Section 302 of IPC, tried, found guilty as per the charge and awarded life imprisonment along with a fine of Rs. 5000/- and default sentence, while A-2 who stood charged under Section 302 read with 114 of IPC, was acquitted of the charge.

(2.) Short facts necessary for the disposal of this appeal can be stated as follows:

(3.) The case was committed to Court of Sessions, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 22 witnesses and also relied on 25 exhibits and 9 material objects. On completion of the evidence on the side of the prosecution, the trial Court questioned the appellant/A-1 along with A-2 under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. No defence witness was examined. The trial Court heard the arguments advanced on either side, and took the view that the prosecution has proved the case beyond reasonable doubt as against A-1 and hence, found him guilty and awarded the life imprisonment along with fine and default sentence. However the trial Judge recorded an order of acquittal as far as A-2 was concerned. Hence this appeal at the instance of A-1.