SENTHIL Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Principal Sessions Division, made in S.C.No.207/2007 whereby the sole accused/appellant stood charged under Sec.302 of IPC, tried, found guilty of murder and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

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

(3.) THE learned Counsel would further submit that it is highly doubtful whether Ex.P1, the report, could have come into existence as put forth by the prosecution; that according to P.W.1, she went to the police station and gave a report as found in Ex.P1; but, at the time of cross-examination, she has categorically stated that the police officials came to the spot, and she gave the information orally which was reduced into writing, and that is Ex.P1; that P.W.2 has also stated that after the police personnel came to the spot, the information was passed on; that in such circumstances, it is highly doubtful whether Ex.P1 could have come into existence as put forth by the prosecution; that as far as the last seen theory is concerned, according to P.W.1, on the date of occurrence at about 8.00 P.M., when she was along with her husband in the house, the accused came over there and asked the deceased to accompany him so as to take further liquor to which P.W.1 raised objection, and despite the same, the deceased accompanied the accused; but he did not return throughout that night; that it was the evidence of P.Ws.4 and 5 that actually they met both the accused and the deceased nearby the wine shop at about 9.00 P.M., and P.W.5 has stated that he has seen only the accused at about 10.00 P.M.