BOOPATHI ALIAS PERIYA BOOPATHI % AN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court No.I, Coimbatore, made in S.C.No.4 of 2009 whereby the appellants two in number stood charged, tried and found guilty and awarded punishment as follows: (TABLE)

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

(3.) ADDED further the learned Counsel that even according to P.W.3, it was he who informed to P.W.1 on 2.9.2007 itself that what was the reason for the silence which P.W.3 was keeping all along for a period of one week, remained unknown that had it been true, he would have informed others or P.W.1 or P.W.2 immediately as to the occurrence but, he has not done so and hence the last seen theory spoken to by P.W.3 that they were at the brandy shop should not have been believed.